- 1 - NC: 2025:KHC-D:6466 CRL.A No. 100256 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100256 OF 2019 BETWEEN: SANJEEV RATHOD S/O. THARAPPA RATHOD, AGE: 37 YEARS, OCC: AGRICLTURE AND BUSINESS, R/AT: RAVINAGAR, MARLANAHALLI VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL. …APPELLANT (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: PAMPANNA S/O. HUSSAINAPPA KURUBAR, AGE: 45 YEARS, OCC: AGRICULTURE, R/AT: NEAR ANJANEY TEMPLE, BHATTARANARASAPUR VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL. …RESPONDENT (SOLE RESPONDENT IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF THE CODE OF CRIMINAL PROCEDURE SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 04.06.2019 MADE IN C.C.NO.1149/2017 PASSED BY THE ADDITIONAL CIVIL JUDGE & J.M.F.C., AT: GANGAVATHI BY ALLOWING THE APPEAL AND CONVICT AND SENTENCE THE RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND AWARD COMPENSATION TO THE COMPLAINANT IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6466 CRL.A No. 100256 of 2019 ORAL ORDER Learned counsel for the appellant files a memo seeking withdrawal of the appeal. 2. Memo reads thus; “Herein the advocate for the Appellant respectfully submits as under: That, in above case the matter is settled out of the court premises and the Respondent/accused have paid the entire cheque amount, hence the appellant does not want to further prosecute and contest the case. Hence, the advocate for the appellant prays before this Hon’be court that may be pleased to dispose the above case as Not Pressed as withdraw, in the interest of justice and equity. Hence this Memo.” 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB CT-ASC List No.: 1 Sl No.: 22