- 1 - HC-KAR NC: 2025:KHC-D:7451 CRL.P No. 100928 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 100928 OF 2021 (482 OF Cr.PC/528 OF BNSS) BETWEEN: M/S. VENKATESHWARA POWER PROJECT LTD. (SUGAR FACTORY), POST. BEDAKIHAL, TQ. CHIKKODI, REPRESENTED BY SHRI. RAKESH RAMGOUDA PATIL, AGE: 42 YEARS, OCC: SERVING AS CLERK IN V.P.P. (S.F) LTD, R/O. BEDAKIHAL, TQ. CHIKKODI, DISTRICT: BELAGAVI, PIN CODE-591214. …PETITIONER (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: SHRI BHAGAWAN MUNNA RATHOD, AGE: MAJOR, OCC: HARVESTING CONTRACTOR, R/O. MANDEKHEL, TQ. PARALI, DIST. BEED, MAHARASHTRA STATE, PIN CODE-431530. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C, SEEKING TO QUASH THE IMPUGNED ORDER DATED 02/09/2020 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, CHIKKODI IN C.C.NO.355/2013 (PCR NO.175/2012) REGARDING MAINTAINABILITY OF THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 142(2) OF THE AMENDED ACT OF N.I. ACT, 1881 AND ORDER DATED 10/10/2014 PASSED BY THEN I ADDL. CIVIL JUDGE AND JMFC, CHIKKODI, WHEREIN THE PETITIONER WAS DIRECTED TO PRESENT THE SAID COMPLAINT FILED UNDER SECTION 138 OF N.I. ACT, BEFORE THE JURISDICTIONAL COURT OF THE DRAWER BANK, BY ALLOWING THIS CRIMINAL PETITION, AND CONSEQUENTLY THEREBY DIRECTING THE SAID TRIAL COURT TO PROCEED THE SAID C.C.NO.355/2013 ON ITS MERITS BEFORE IT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7451 CRL.P No. 100928 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned counsel for the petitioner has filed a memo seeking permission to withdraw the criminal petition. The contents of the memo read as under: “That in the top noted criminal petition, the notice as issued to the Respondent has not been served till today, though on 5 times the notice has been issued by this Hon’ble court. “Hence, there will be purpose to take out the notice to the said Address of the Respondent herein, since the petitioner has no other Address to that effect. Thus, this criminal petition be kindly dismissed as withdrawn in the ends of justice.” In view of the memo and supporting submission, criminal petition is dismissed as withdrawn. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 1