IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.8936/2018 BETWEEN:
MR.HARISHA N., S/O MR.NARASIMAIAH, AGED ABOUT 33 YEARS, R/AT NO.44, 33RD MAIN ROAD, 2ND FLOOR, NARASIMHASWAMY LAYOUT, NANDINI LAYOUT, BANGALORE – 560 096. ...PETITIONER (BY SRI KESHAVA MURTHY B., ADVOCATE) AND:
M.N.KUMAR, S/O LATE NANJEGOWDA, AGED ABOUT 47 YEARS, R/AT NO.158, KANIKA LAYOUT, RAMASANDRA, BANGALORE – 560 060. ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 15.11.2018 PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN CRL.A.NO.127/2018 IN SO FAR AS SUSPENDING OF SENTENCE FOR ONE MONTH SUBJECT TO PAYMENT OF 25% OF THE FINE AMOUNT, PASSED ON APPLICATION FILED BY THE PETITIONER U/S 389(1) OF CR.P.C. FOR SUSPENSION OF SENTENCE AND ALLOW THIS PETITION.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for petitioner files a memo to withdraw the petition.
2. Memo is taken on record.
3. Petition is dismissed as withdrawn as prayed. However, no liberty is granted to file a fresh petition challenging the said order.
4. In view of dismissal of petition, I.A.No.1/2018 filed for stay does not survive for consideration.
SD/- JUDGE TL