IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7990/2017 BETWEEN SMT. M. N. LALITHA, W/O L. CHANDRASHEKHARAN, AGED ABOUT 48 YEARS, B2-8, PETROLEUM OFFICERS, HOUSING COLONY, JUS. RATNAVELU PANDIYAN ROAD, GOLDEN GEORGE NAGAR, MOGAPPAIR ROAD, CHENNAI, REP. BY ATTORNEY HOLDER SRI. M. N. SRIDHAR ... PETITIONER (BY SRI. SANDEEP S. PATIL, ADV.) AND M/S SNEHA DEVELOPERS, REP. BY AUTHORISED SIGNATORY, N. S. MUKUNDA, S/O LATE N. S. RAO, AGED ABOUT 65 YEARS, NO.372, 1ST FLOOR, M K PUTTALINGAIAH ROAD, PADMANABHANAGARA, BENGALURU-560 070 PRESENTLY R/ AT SNEHA DEVELOPERS, NO.16/1 HARIPRIYA CHAMBERS, 10TH CROSS, N. R. COLONY, BENGALURU-560 017 ... RESPONDENT THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12.05.2017 PASSED BY THE LEARNED XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN PCR NO.6431/2014 REGISTERED AS C.C.NO.20481/2014 AND CONSEQUENTLY RESTORE THE AFORESAID CASE TO ITS FILE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
Perused the records.
2. After appearance of the accused, the complaint of the petitioner filed under Section 200 of Cr.P.C. for the offence punishable under section 138 of Negotiable Instruments Act was dismissed. Virtually it amounts to acquittal of the accused, though it is styled as dismissal for non-prosecution. An appeal lies against such orders to the Competent court.
3. In the above said circumstances, at the request of the petitioner’s counsel, the petition is permitted to be withdrawn with liberty to file appropriate appeal before the competent court.
Office is hereby directed to return all the papers filed along with the petition to the counsel for the petitioner.
Sd/-
JUDGE KGR*