- 1 - HC-KAR NC: 2025:KHC:28724 CRL.A No. 1072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1072 OF 2025 (A) BETWEEN: SRI C VARADARAJU S/O. LATE CHIKKASANKAPPA AGED ABOUT 68 YEARS R/AT NO. 49, SANJEEVAPPA LANE AVENUE ROAD CROSS BENGALURU-560 002 …APPELLANT (BY SRI. MITHUN G A., ADVOCATE) AND: SRI K NATESHAN S/O. LATE KRISHNAN AGED ABOUT 48 YEARS R/AT NO. 45, MARUTHI NILAYA NEAR LAKSHMI TOURING TALKIES RAMAMURTHY NAGARA BENGALURU-560 016 …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO A. SET ASIDE THE JUDGMENT AND ORDER DATED 09.12.2024 IN CC.NO.14759/2022 PASSED BY THE LD.XIII ADDL.CHIEF JUDICIAL MAGISTRATE, BENGALURU WHEREBY THE LD. TRIAL JUDGE HAS PARTLY ALLOWED THE COMPLAINT CONVICTING THE RESPONDENT/ACCUSED FOR AN OFFENCE P/U/S 138 OF N.I ACT AND HAS SENTENCED THE RESPONDENT/ACCUSED TO PAY A FINE OF RS.7,45,000/- (SEVEN LAKHS FORTY FIVE THOUSAND RUPEES ONLY) AND IN CASE OF DEFAULT IN PAYMENT OF THE FINE AMOUNT, THE RESPONDENT/ACCUSED TO UNDERGO SIMPLE IMPRISONMENT FOR 6 MONTHS. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28724 CRL.A No. 1072 of 2025 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo dated 25.07.2025 seeking permission to withdraw the Criminal Appeal. The memo is accepted and taken on record. 2. Considering the same, liberty is granted to file appeal under Section 377 of Code of Criminal Procedure or Section 372 of Code of Civil Procedure, before the Sessions Court. Accordingly, the Criminal Appeal is dismissed as withdrawn. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 2