The Criminal Appeal filed under Section 378(4) CrPC was dismissed as withdrawn by the appellant, who held the remedy was Criminal Revision, with liberty to file a revision petition.
Appeal dismissed as withdrawn with liberty to file Criminal Revision Petition.
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NC: 2023:KHC-D:14296 CRL.A No. 100556 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100556 OF 2023
BETWEEN:
SMT. PREETHI W/O SANTOSH NAYAK, AGE ABOUT 46 YEARS, OCC. HOUSEHOLD WORK R/O. BRAHAMANGALLI ROAD, TQ. KARWAR, DIST. KARWAR-581301.
… APPELLANT
(BY SRI. SANTOSH D. NARGUND, ADVOCATE)
AND:
SMT. CHANDRAVVA W/O NAGARAJ AMATIMARAD, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. CHALAWADI ONI, HANGAL, TQ. HANGAL, DIST. HAVERI-581110.
… RESPONDENT
VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPIDate:2023.12.1111:14:40 +0530
THIS CRIMINAL APPEAL FILED UNDER SECTION 378(4) OF CR.P.C. SEEKING TO ALLOW THIS CRIMINAL APPEAL, BY SETTING ASIDE THE JUDGMENT OF CONVICTION DATED 10/07/2023, PASSED BY THE HON’BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI, U/S. 138 OF N.I. ACT, AND DISMISSING THE JUDGMENT OF CONVICTION IN C.C.NO.290/2019 PASSED BY THE SENIOR CIVIL JUDGE, AND JMFC-HANGAL, DATED 23/03/2023, AND ORDER OF SENTENCE U/SEC. 138 N.I. ACT, BE ACQUITTED TO THE APPELLANT/ACCUSED, FROM THE ALLEGED CHARGE AND CONSEQUENTLY ALLOW THE APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed memo seeking withdrawal of the appeal with liberty to file Criminal Revision Petition.
The memo reads thus:
MEMO FOR WITHDRAWAL
“The counsel for the appellant submits as under:
That in the top noted matter the appellant has filed wrongly as Criminal Appeal, as it lies Criminal Revision Petition.
Hence the Appellant may be permitted to withdraw the appeal with the liberty to file Criminal Revision Petition, by receiving the certified copies of the courts below Judgments, in the interest of justice and equity.”
In view of the memo, appeal is dismissed as withdrawn with liberty to file Criminal Revision Petition.
Registry is directed to return the documents to the
learned counsel for the appellant.
CT:BCK/List No.: 1 Sl No.: 7
Sd/JUDGE
AC
1 provisions across 1 enactments
Smt. Preethi W/o Santosh Nayak
Smt. Chandrauva W/o Nagaraj Amatimarad
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
