- 1 - NC: 2025:KHC-D:4634 CRL.P No. 102588 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 102588 OF 2024 BETWEEN: SRI RAMAPPA S/O. SIDDAPPA KHIDRAPUR, AGE: 51 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: ALAGUR VILLAGE, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. …PETITIONER (BY SRI M. C. HUKKERI, ADVOCATE) AND: SRI RAVINDRA S/O. SUBHASH GIRADDI, AGE: 40 YEARS, OCC: AGRICULTURE R/O: OPPOSITE POLICE, NEW QUARTERS SHANTI NAGAR KUNCHANUR ROAD, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 10.07.2024 PASSED BY THE ADDL. CIVIL JUDGE AND J.M.F.C. JAMKHANDI IN C.C. NO. 09/2022, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT BY RESTORING THE CASE ON IT’S ORIGINAL FORM AND PERMIT THE PETITIONER PROCEED WITH THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4634 CRL.P No. 102588 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition. Memo reads thus: “Herein memo of withdrawal on behalf of petitioner is as under: That the petitioner filed above petition against the order “dismiss for non- prosecution”, office raised the objection the challenging order itself is amount acquittal. hence the registry raise the office objection about maintainability. Therefore the petitioner seeks permission before this Hon’ble court may withdraw this petition and permit the petitioner to file criminal appeal based on same cause of action in the interest of justice and equity. The petitioner also request this Hon’ble court may direct the registry to return the original documents to enable the petitioner to file Criminal Appeal.” 2. In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for. - 3 - NC: 2025:KHC-D:4634 CRL.P No. 102588 of 2024 3. Registry is directed to return all documents to learned counsel for the petitioner. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 2 Sl No.: 1