MANJUNATHA BUILDERS Vs. I.C. GOPINATH

JUDGEMENT

(1.) This appeal is filed by the complainant praying to set aside the order dtd. 22/4/2022 passed in C.C.No.2110/2020 by the XV Additional Chief Metropolitan Magistrate, Bengaluru, whereunder the complaint has been dismissed as not pressed on the joint memo.

(2.) Heard learned counsel for the appellant and respondent.

(3.) The appellant 'complainant has initiated the proceedings against the respondent 'accused for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as 'N.I Act' for brevity). During the pendency of the said proceedings, a joint memo dtd. 13/11/2020 came to be filed and it is signed by the appellant 'complainant, respondent ' accused and their respective counsels. Based on the said joint memo, the impugned order has been passed stating that the terms of the joint memo appears to have been complied and the complaint has been dismissed as not pressed. The said order has been challenged by the appellant 'complainant in this appeal.