- 1 - NC: 2025:KHC-D:5161 CRL.A No. 100197 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 100197 OF 2018 (A) BETWEEN: SHRI. ISHWAR S/O. VISHNUDAS CHHAPRU AGE: 38 YEARS, OCC: BUSINESS, AND CLOTH WHOLESALER DEPOT, C.T.S.NO.2040/1ALE/2, GANPAT GALLI, TQ AND DIST: BELAGAVI. R/O: PLOT NO.22, C.T.S. NO.628, SHINDHI COLONY, HINDALGA ROAD, TQ AND DIST: BELAGAVI. …APPELLANT (BY SRI. N.P. VIVEKMEHTA, ADVOCATE) AND: SHRI. RAJESH S/O. VISHNUDAS CHHAPRU AGE: 42 YEARS, OCC: BUSINESS, PROPRIETOR OF SWAMY COLLECTIONS LADY CARE SHOP, BELOW SAKAAL NEWSPAPER PRESS, NARVEKAR GALLI, TQ AND DIST: BELAGAVI. R/O: PLOT NO.22, C.T.S. NO.628, SHINDHI COLONY, HINDALGA ROAD, TQ AND DIST: BELAGAVI. …RESPONDENT (BY SRI. VINAYAK S. GOTAKHINDI, ADVOCATE) THIS CRL.A. IS FILED U/S 378(4) OF CR.P.C. PRAYING TO, SET-ASIDE ORDER OF ACQUITTING ACCUSED FOR OFFENCE 138 OF N.I. ACT, BY THE COURT OF V-JMFC, BELAGAVI BY ORDER DATED 10.04.2018 PASSED IN C.C. NO.1463/2017 & ALLOW APPEAL AND CONVICT RESPONDENT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.03.22 16:01:39 +0530 - 2 - NC: 2025:KHC-D:5161 CRL.A No. 100197 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Appellant’s counsel submitted a memo for disposal of the appeal along with the copy of the joint memo filed in C.C. No.499/2017 c/w C.C. No.1250/2017 on the file of the JMFC, VIII Court, Belagavi. In the memo it is stated as under: The above named appellant states as follows:- My brother Rajesh respondent herein has issued three cheques as per valuation made in respect of stock of cloth, silver article, & gold as per compromise decree passed in O.S.61/204 by 1st Additional Senior Civil Judge Belagavi, The respondent here in & other defendants in suit did not give stock of cloth worth Rs.8,00,000- (Eight lakhs) and also gold ornaments & jewellery weighing 510 grams and family silver articles weighing 4.5 Kgs. So complainant demanded his share as per terms of compromise arrived in the suit. The elders in family of complainant & accused have valued gold ornaments & jewellery weighing 510 grams and family silver articles weighing 4.5 Kgs and stock of cloth at Rs.24,43,520/- (Twenty four lakhs forty three thousand five hundred twenty only) in the month of June 2016. The three cheques issued by respondent were dishonoured and appellant has lodged complaint against respondent for offence punishable under Section 138 of N.I.Act as follows: - 3 - NC: 2025:KHC-D:5161 CRL.A No. 100197 of 2018 i) C.C.No.499/2017 is lodged in respect of cheque No.5560 for Rs.8,00,000/-drawn on Union Bank of India Kandolkar Galli Belagavi dated 2-11- 2016 ii) C.C.No.1250/2017 is lodged in respect of cheque bearing No.5558 drawn on Union Bank of India Kandolkar Galli Belagavi dated 2-11-2016 for Rs.14,40,750/-, iii) This Crl.Appeal No.100197/2018 (C.C.1463/2017) pertains to cheque bearing No.5559 drawn on Union Bank of India Kandolkar Galli Belagavi dated 2-11-2016 for Rs.2,02,770/- and complaint was dismissed on the ground of delay of presenting cheque. 2. The respondent who is accused & appellant complaint & his family member have compromised in C.C. No.499/2017 & C.C. No.499/2017 & they have submitted joint memo and affidavits. Copy of them are here with enclosed. As per the terms of the compromise the appellant has to withdrawn this appeal. WHEREFORE it is humbly prayed that the Honourable Court may pleased to dispose this appeal as withdrawn as per joint memo submitted by appellant & respondent in the Trail Court in the interest of justice. In view of the memo, the appeal is disposed of. Sd/- (G BASAVARAJA) JUDGE RSH / Ct-cmu LIST NO.: 1 SL NO.: 23