Appeal against dismissal for non-prosecution of a Section 138 NI Act complaint was settled amicably between the parties; counsel filed a memo recording settlement.
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NC: 2024:KHC:14283 CRL.A No. 1708 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
CRIMINAL APPEAL NO.1708 OF 2022 (A)
BETWEEN:
SMT. K. GEETHA, W/O H.N. NAGARAJA, AGED ABOUT 46 YEARS, R/O VINAYAKA NAGARA, GOWRIBIDANUR TOWN - 561 208. CHIKKABALLAPURA DISTRICT.
…APPELLANT
(BY SMT. SUSHMITHA K., ADV. FOR SRI. RAJENDRA KR., ADVOCATE)
Digitally signed by NANDINI R Location: High Court of Karnataka
AND:
SR. KHALEEMULLA @ SAWMILL KHALEEMULLA, AGED ABOUT 49 YEARS, R/O C/O NAJEEBULLA RAHAMAN, IST MAIN ROAD, 12TH WARD, THYAGARAJA COLONY, GOWRIBIDANURU TOWN - 561 208, CHIKKABALLAPURA DISTRICT - 562102.
…RESPONDENT
THIS CRL.A IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF DISMISSED FOR NON PROSECUTION DATED 20.09.2022 PASSED BY THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT GOWRIBIDANUR AND RESTORE THE COMPLAINT FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.I.A.NO.1/2022 FOR SPECIAL LEAVEI.A.NO.1/2022 FILED BY THE ADVOCATE FOR THE APPELLANT PRAYING TO GRANT SPL.LEAVE TO FILE THE ABOVE APPEAL TO CHALLENGE THE IMPUGNED ORDER OF DISMISSED FOR NON PROSECUTION DATED 20.09.2022 PASSED BY THE PRL.CIVIL JUDGE JR.DN AND J.M.F.C AT GOWRIBIDANUR IN C.C.NO.1383/2018, FOR THE REASONS STATED THEREIN.POST CRL.A BEFORE COURT FOR ORDERS ON I.A.NO.1/2022 FOR SPECIAL LEAVE.PNK28922
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant files a memo stating that the matter is settled amicably between the parties.
pressed.
Sd/JUDGE
PTM List No.: 1 Sl No.: 5
2 provisions across 2 enactments
Smt. K. Geetha
Sr. Khaleemulla @ Sawmill Khaleemulla
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
