Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010467872024 NC: 2026:KHC:42625 CRL.A No. 1631 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1631 OF 2024 (A)
BETWEEN:
SRI. A. LURDSWAMY @ CHINNAPPA, SON OF ANTHONY SWAMY, AGED ABOUT 42 YEARS, R/AT NO.6, OPP. CHURCH, SILVEPURA VILLAGE AND POST, HESARGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 090.
…APPELLANT (BY SRI. GANAPATHI C V., ADVOCATE)
AND:
SMT. ANTHONY MARY, WIFE OF LATE SRI ANTHONY, AGED ABOUT 50 YEARS,
Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010467872024 NC: 2026:KHC:42625 CRL.A No. 1631 of 2024
ST. THERASA CHURCH ROAD, SHILUVEPURA VILLAGE AND POST, BENGALURU NORTH TALUK, BENGALURU – 560 090.
…RESPONDENT ----
THIS CRL.A IS FILED U/S 378(1) CR.PC (FILED U/S 419 BNNS) BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 15.06.2023, PASSED AGAINST THE APPELLANT IN CRL.A.NO.84/2022, ON THE FILE OF IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AND CONFIRM THE
JUDGMENT AND
ORDER OF CONVICTION DATED 09.11.2022, PASSED BY THE LEARNED C.J.M BENGALURU RURAL DISTRICT AT BENGALURU IN C.C.NO.146/2019, FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
CNR: KAHC010467872024 NC: 2026:KHC:42625 CRL.A No. 1631 of 2024
ORAL JUDGMENT
1.
Learned counsel for the appellant has filed a memo of even date seeking leave of the Court to withdraw the appeal.
2. The memo is taken on record. The reason stated in the memo reads as under:- The Appellant above named respectfully submits as follows:
1. The above Criminal Appeal has been preferred against the judgment of acquittal and order dated 15.06.2023, passed by the learned IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in Crl. Appeal No. 84/2022, in respect of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
2. During the pendency of the above appeal, the Appellant and the Respondent have amicably settled the dispute between themselves.
3. Pursuant to the said settlement, the Respondent/Complainant has agreed to settle the matter amicably and has no objection to the above appeal being disposed of in terms of the settlement arrived at between the parties.
4. In view of the amicable settlement, the Appellant does not wish to prosecute the present appeal any further and intends to withdraw/compound the proceedings in terms of the settlement.
5. The parties therefore respectfully pray that this Hon'ble Court may be pleased to take the settlement between the parties on record, permit the Appellant to withdraw/compound the present appeal, and dispose of the above Criminal Appeal
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HC-KAR
CNR: KAHC010467872024 NC: 2026:KHC:42625 CRL.A No. 1631 of 2024
in terms of the settlement, in the interest of justice and equity.
WHEREFORE, the Appellant most respectfully prays that this Hon'ble Court may be pleased to allow this Memo and dispose of the above criminal appeal as settled between the parties, in the interest of justice and equity.
3. Considering the reason stated in the memo filed by the learned counsel for the appellant, it is appropriate to dismiss the Criminal Appeal as withdrawn.
Ordered accordingly. Pending I.As., do not survive for consideration and the same are disposed of.
Sd/- (S RACHAIAH) JUDGE
Bss List No.: 1 Sl No.: 6