A criminal appeal filed under Section 378(4) Cr.P.C by the complainant against the accused was dismissed as withdrawn after counsel filed a memo stating the matter was settled.
Appeal dismissed as withdrawn; Registry directed to intimate trial Court to release respondent/accused forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.A No. 913 of 2020 NC: 2024:KHC:9141
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.913 OF 2020
BETWEEN:
M/S. OM SAI FINANCE AND ENTERPRISES (REGD) HEBBARA COMPLEX, BRAHMAVARA ROAD, POST HEBRI VILLAGE - 576 112 REP. BY ITS MANAGING PARTNER, MR. PRADEEP AGED ABOUT 37 YEARS, S/O ANANDA POOJARY, RESIDING AT NO.6-125(1) HUTHURKE, HEBRI TALUK UDUPI DISTRICT …APPELLANT
(BY SRI. DUKE DEVAIAH, ADVOCATE FOR SRI. K CHANDRANATH ARIGA, ADVOCATE)
AND:
Digitally signed MR. KUMARA ACHARYA by REKHA R AGED ABOUT 38 YEARS, Location: High S/O SANKAYYA ACHARYA Court of UJOORU, MELMANE Karnataka POST MUDRADI VILLAGE - 576 112 HEBRI TALUK UDUPI DISTRICT
…RESPONDENT
(RESPONDENT - SERVED)
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT DATED 16.06.2020 PASSED IN C.C.NO.1092/2019 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA; b) ALLOW THIS APPEAL BY PASSING THE ORDER OF CONVICTION; c)
CRL.A No. 913 of 2020 NC: 2024:KHC:9141
ALLOW C.C.NO.1092/2019 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA AND AWARD COMPENSATION; d) GRANT SUCH OTHER AND FURTHER RELIEF/S AS ARE JUST AND NECESSARY UNDER THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant/complainant present. He has filed memo seeking withdrawal of appeal.
The Non-baliable warrant issued against respondent/accused is not yet returned.
It is submitted by the learned counsel for appellant that Non-bailable warrant issued against respondent/accused is duly executed and he is taken into custody by the trial Court. However, the matter is settled. Therefore, he is seeking permission to withdraw the appeal.
In the light of the above, appeal is dismissed as withdrawn.
CRL.A No. 913 of 2020 NC: 2024:KHC:9141
The Registry is directed to send intimation to the trial Court through e-mail to release the
respondent/accused forthwith.
In view of dismissal of appeal, all pending applications stands disposed of, as no further order is required.
Sd/JUDGE
RR List No.: 2 Sl No.: 1
1 provisions across 1 enactments
M/S. Om Sai Finance and Enterprises (Regd) rep. by Managing Partner Pradeep
Mr. Kumara Acharya
J.M.Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
