IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R.DEVDAS CRIMINAL APPEAL NO.1304 OF 2017 BETWEEN SRI CHANDRAPPA H S/O HUCCHAVEERAIAH AGED ABOUT 42 YEARS, #41, NEAR TVS SHOWROOM, NEHARU NAGARA, SAGARA 577401, SHIMOGA DISTRICT.
(BY SRI K G KAMATH, ADVOCATE) AND 1 . ADISHAKTHI CARS PVT LTD SHANKARA MATH ROAD SHIMOGA REP. BY ITS GENERAL MANAGER 2 . SRI. MUZEEB MAJOR SALES GENERAL MANAGER 3 . SRI. RAKESH MAJOR H.R MANAGER 4 . SRI. VINAYAKA BADAMI MAJOR SERVICE GENERAL MANAGER 5 . SRI. MANU KUMAR MAJOR GENERAL MANAGER IN ACCOUNTS RESPONDENT 2 TO 5 ARE AT ADISHAKTHI CARS PVT LTD ...APPELLANT SHANKARA MATH ROAD SHIVAMOGGA 577201.
6. SRI PRAVEEN KUMAR S/O MANJUNATH MAYABAZAR CROSS SUBHASH NAGAR SAGARA - 577401 …RESPONDENTS (BY SRI PRUTHVI WODEYAR, ADVOCATE FOR R1 TO R6) THIS CRIMINAL APPEAL IS FILED U/S. 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 28.04.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SAGARA, SHIVAMOGA DISTRICT IN C.C.NO.53/2016.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT R.DEVDAS J., (ORAL):
The appellant and the respondents have filed a joint memo dated 16.09.2019, whereby the parties have arrived at a settlement on the following terms:-
“The appellant has agreed to withdraw the appeal while the respondents have agreed to withdraw the complaint filed under Section 138 of the Negotiable Instruments Act in C.C.No.3656/2015 pending on the file of the IV Addl. Civil Judge (Jr.Dn.) and JMFC, Shivamogga. The respondents have agreed to co-operate with the appellant to get the PF amount of the appellant from the concerned department”.
2. In terms of the memo, the appeal is dismissed as withdrawn. The parties shall produce the copy of this order before the Trial Court and the Trial Court shall take note of the order passed by this Court and accordingly permit the complainant to withdraw the complaint. Ordered accordingly.
Sd/- JUDGE KLY/