IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL No.173 OF 2017 Between:
Sree Thyagaraja Co-operative Bank Ltd., Registered office at No.5, 9th Cross N.R. Colony Bangalore-560 021.
Rep. by its General Manager ... Appellant (By Sri. Ramachandra.N., Advocate) And:
Sri Umashankar A.S S/o Late Shivaramaiah Aged about 45 years R/at, No.3585/3A, 2nd ‘A’ Cross, Opp. Ramamandira Road (Old 7th Cross Road) Gayathrinagar Bangalore-560 021. ... Respondent (By Sri. Ramakrishnaiah, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C. praying to set aside the impugned judgment dated 19.10.2016 passed in CC No.25071/2015 on the file of the XXVI Additional Chief Metropolitan Magistrate Court, Bangalore and convict the respondent/accused for the offence punishable under Section 138 of Negotiable Instruments Act.
This Criminal Appeal coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the appellant has filed a memo stating that the loan account has been cleared by the borrower. He submits that the matter has become infructuous and therefore the appeal may be disposed off.
2. Memo is placed on record.
3. This criminal appeal is disposed off as having become infructuous. The pending I.A.s are disposed off accordingly as the same does not survive for consideration.
Sd/- JUDGE SSD