This petition is filed calling in question the proceedings

in C.C.No.36709/2021, pending before the XXX Additional

Chief Metropolitan Magistrate, Bengaluru for the offences

punishable under Sections 384, 420, 465, 468, 471 and 506

of IPC.

The parties to the lis have several cases between

themselves, all pertaining to issuance of cheques and it

being dishonoured. The accused are acquitted of all the

offences which were alleged to be punishable under Section

138 of the Negotiable Instruments Act. The complainant had

challenged the same before this Court in Criminal Appeal

No.536/2016 and Criminal Appeal No.280/2016, which are

withdrawn by the complainant on a joint memo being filed

and accepted by this Court in the aforesaid cases.

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3.

In the case at hand as well, the parties have filed

a joint memo of settlement, which reads as follows:

"Joint Memo

The petitioner and 2^nd respondent humbly

submits as follows.

1.

It is submitted that the petitioner filed the

above case to Quash the Proceedings in CC

No.36709/2021 pending on the file of the XXX

Additional Chief Metropolitan Magistrate, At

Bengaluru city for the offences punishable

under sections 384,420,465,468,471 and 506

of IPC registered by the Kumaraswamy layout

Police station.

2.

The

Petitioner

respectfully

submits,

the

Petitioner and 2^nd Respondent settled all the

cases pending against each other and filed

joint

memo

dated

26.07.2016

in

C.C.No.5913/2013 on the file of XX ACMM,

Bengaluru city and in the joint memo stated

that the Petitioner has to withdraw the cases

filed before high court of Karnataka in Crl.Apl

No. 536/2016 and Crl.Apl. No. 280/2016.

3.

The

Petitioner

respectfully

submits,

the

Petitioner and 2^nd Respondent in Criminal

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Appeal No. 280/2016 filed joint memo stating

that the Respondent No.2 has to co-operate

with the petitioner in order to close the

C.C.No.36709/2021

pending

before

the

Hon'ble XXX ACMM, Bengaluru.

4.

Further submits that the both petitioner and

Respondent No.2 has undertaken they will not

file case or interfere each other in future.

Wherefore the Petitioner and Respondent No.2

humbly pray that this Hon'ble Court may be

pleased

to

accept

the

Joint

memo

and

consequently to Quash the Proceedings in CC No.

36709/2021 pending on the file of XXX Additional

Chief Metropolitan Magistrate, At Bengaluru City

for

the

offences

punishable

under

sections

384,420,465,468,471 and 506 of IPC registered by

Kumaraswamy Layout Police station in the interest

of justice and equity."

4.

The offences alleged are identical to those that

were alleged in the aforesaid criminal appeal before this

Court in Crl.A.No.280/2016. Therefore, in the light of the

acquittal, a given quietus to the dispute between the parties

by a coordinate Bench of this Court in the said appeal, I

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deem it appropriate to accept the joint memo filed by the

petitioner and the respondent No.2.

5.

It is also germane to notice that on perusal of the

complaint and the charge sheet, not even an iota of evidence

is found to drive home the offence under Section 383 of the

IPC, which deals with extortion as punishable under Section

384 of IPC.

6.

For the aforesaid reasons, the following:

ORDER

(i)

Criminal Petition is disposed.

(ii)

Impugned proceedings in C.C.No.36709/2021

pending

before

the

XXX

Additional

Chief

Metropolitan Magistrate, Bengaluru shall stand

quashed qua the petitioner.

Sd/-

JUDGE

SA