- 1 - NC: 2025:KHC-D:6249 CRL.A No. 100469 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100469 OF 2022 BETWEEN: SRI. VISHWANATH S/O. CHANNAYYA SHIVAPPANAMATH, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: OKKALAGERI ONI, TQ AND DIST: GADAG – 582 101. …APPELLANT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: SRI. VIJAYKUMAR S/O. VEERABHADRAPPA MUNAVALLI, AGE: 47 YEARS, OCC: BUSINESS, R/O: KALASAPUR ROAD, GADAG – 582 101. …RESPONDENT (BY SRI. C. S. SHETTAR, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C. SEEKING TO SET ASIDE JUDGMENT DATED 11.08.2022 IN CC NO.1940/2018 PASSED THE IV ADDITIONAL CIVIL JUDGE AND JMFC II GADAG, AND CONVICT THE RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT, BY ALLOWING THE ABOVE APPEAL AS PRAYED FOR WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6249 CRL.A No. 100469 of 2022 ORAL ORDER Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. The memo reads thus: “In the above appeal the parties have settled the matter out of court before the elders. Hence the appellant is not interested to prosecute the above appeal as settled out of court. Hence the above appeal may kindly be disposed as settled out of court, in the interest of justice and equity.” In view of the memo, the appeal is dismissed as settled out of the Court. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC