- 1 - HC-KAR NC: 2025:KHC:42453 CRL.A No. 1638 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1638 OF 2017 (A) BETWEEN: 1. MR.SANTHOSH R SHETTY S/O.LATE.K.RAGHURAM SHETTY, SINCE DECEASED BY LR'S 1a) SARIKA S SHETTY, W/O SANTHOSH R SHETTY, AGED ABOUT 44 YEARS. 1b) SHARANYA S SHETTY, D/O SARIKA S SHETTY, AGED ABOUT 19 YEARS, 1c) SHOURYA S SHETTY, S/O SARIKA S SHETTY, AGED ABOUT 8 YEARS, ALL ARE RESIDING AT SHARANYA/MAYURA, HOUSE NO.3-120/4, BEHIND MATHA RESIDENCY OPP.POLIPU ROAD, KAUP, KAPU TALUK AND UDUPI DISTRICT - 574106. (AMENDMENT CARRIED OUT VIDE COURT ORDER DT 25.10.2025) …APPELLANTS (BY SRI SHOBHITH N SHETTY.,ADVOCATE) AND: MR.SULEMAN, S/O.K.HASSAN, AGED ABOUT 42 YEARS, R/O.BADRIYA MANZIL, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42453 CRL.A No. 1638 of 2017 BADA VILLAGE, YERMAL POST, UDUPI TALUK & DISTRICT. …RESPONDENT (BY SRI PRASAD HEGDE K B, ADVOCATE) THIS CRL.A. IS FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 03.08.2017 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, UDUPI IN C.C.NO.95/2016-ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 ON N.I ACT. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant counsel has filed a memo to withdraw the appeal. 2. The memo of withdrawal which reads as under: WITHDRAWAL MEMO The undersigned Advocate for the Appellants submits that, the above matter has been amicably settled between the parties and accordingly Respondent/Accused has paid a sum Rs.13,00,000/- (Rupees Thirteen lakhs only) vide cheque No.220084 dated 31.10.2023, drawn on Karnataka Bank Ltd, Paniyoor Branch, towards the full and final settlement of the cheque involved in the above case subject to realization of the above cheque. Therefore - 3 - HC-KAR NC: 2025:KHC:42453 CRL.A No. 1638 of 2017 it is most respectfully prayed that this Hon'ble Court may be pleased to dismiss the above case as withdrawn in interest of justice and equity. 3. In view of the memo the appellant is permitted to withdraw the appeal. Accordingly, the appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 22