IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS CRIMINAL APPEAL NO.507/2018 BETWEEN MR P S JAGADEESH S/O SIDDESHMURTHY AGED ABOUT 45 YEARS, R/A 7TH CROSS JAYANAGARA CHIKKAMAGALUR CITY (BY SRI JAYAKUMARA P P, ADVOCATE) AND MR M S SHIVANANDA S/O SHANTHAVEERAIAH AGED ABOUT 63 YEARS R/A MUGULAVALLI VILLAGE CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT (BY SRI H MALATESH, ADVOCATE) ...APPELLANT …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 21.02.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.41/2017 BY ALLOWING THIS CRL.A. (ANNEXURE-A) AND CONFIRMED THE JUDGMENT AND ORDER DATED 13.2.2017 IN C.C.NO.967/2012 ON THE FILE OF THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU, COMPLAINT FILED BY THE PETITIONER AGAINST THE RESPONDENT HEREIN (ANNEXURE-B) – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS CRIMINAL APPEAL COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT R. DEVDAS J., (ORAL):
Learned Counsel for the appellant has filed a memo dated 13.12.2019 seeking leave of this Court to withdraw the appeal.
2. The memo is taken on record subject to all just exceptions. It is stated in the memo that in Regular Appeal Nos.19/2016 and 19/2017, a compromise was entered into between the parties and a compromise decree was drawn by the Appellate Court. It is stated that the appellant who is defendant No.8 in the said suit has undertaken to withdraw the cheque case pending before this Court.
3. Accordingly, this memo is moved to withdraw the appeal.
4. For the reasons stated above, the appeal is dismissed as withdrawn.
SD/- JUDGE JT/-