- 1 - NC: 2025:KHC-D:4228 CRL.RP No. 100020 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100020 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: THE MERCHANT FINANCE CORPORATION (R), UMARAMESHWAR ROAD JAMKHANDI, REPRESENTED BY ITS ASST. MANAGER AS G.P.A. HOLDER SRI SHIVANAND S/O. BASLINGAPPA GONDI, AGE: 35 YEARS, OCC. ASST. MANAGER, R/O. JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOTE. …PETITIONER (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE) AND: Sri ARUNKUMAR S/O. SHIDRAPPA LONI, AGE: 54 YEARS, OCC. CLOTH BUSINESS, R/O. UMARAMESHWAR ROAD, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOTE. …RESPONDENT (BY SRI SOURABH A. SONDUR, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE TO SIT AT JAMKHANDI, PASSED IN CRI. APPEAL NO. 100/2013 DATED 14.12.2018 AND THE ORDER PASSED BY THE PRL. CIVIL JUDGE AT JAMKHANDI, HOLDING CONCURRENT CHARGE OF THE ADDL. CIVIL JUDGE AT JAMKHANDI PASSED IN CC NO. 109/2008 DATED 02.08.2013 AND CONVICT THE RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACTS BY ALLOWING THE PRESENT PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4228 CRL.RP No. 100020 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Learned counsel for the revision petitioner has filed a memo for withdrawal. Memo reads as under: “The counsel for the petitioner submits as under, The petitioner has filed the present criminal revision seeking to set aside the order dated 02.08.2013 passed in Criminal Appeal No.109/2018 passed by the District and Sessions Judge, Bagalkot confirming the order of acquittal passed by the JMFC, Jamakhandi in CC No.109/2008. The order of District and Sessions Judge, Bagalkot in criminal appeal being non est in law, the petitioner seeks leave of this Hon’ble Court to withdraw the present petition with liberty to prefer criminal appeal against order of acquittal before this Hon’ble Court. It is submitted that the time spent by the complainant prosecuting before the wrong forum in criminal appeal and time spent in prosecuting the present revision may kindly be exempted while calculating the period of limitation in preferring the criminal appeal. Hence, the memo.” Placing the memo on record, revision petition stands dismissed as withdrawn with liberty as prayed for. Sd/- (V.SRISHANANDA) JUDGE KAV LIST NO.: 2 SL NO.: 8