- 1 - HC-KAR NC: 2025:KHC:51402 CRL.A No. 69 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 69 OF 2022 (A) BETWEEN: 1. JANASEVA VIVIDODDESHA SAHAKARI SANGH (N) A SOCIETY REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959 HAVING ITS REGISTERED OFFICE AT BASRURU, KUNDAPURA TALUK, UDUPI DISTRICT-576 211. REPRESENTED HEREIN BY ITS AUTHORIZED REPRESENTATIVE MR ASHOK POOJARY S/O GOVINDA POOJARY, AGED ABOUT 44 YEARS, R/AT UGRANI BETTU, BALKUR, KUNDAPURA TALUK, UDUPI DISTRICT - 576 211. …APPELLANT (BY SRI. NIKHIL CHANDRA R., ADVOCATE) AND: 1. DINESH KHARVI S/O UPENDRA KHARVI, AGED MAJOR, R/AT FERRY ROAD, KHARVI KERE, KUNDAPURA TALUK, UDUPI DISTRICT - 576 201. …RESPONDENT Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51402 CRL.A No. 69 of 2022 CRL.A FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO 1. SET ASIDE THE IMPUGNED JUDGMENT DATED 01.10.2021 PASSED BY THE HONBLE ADDITIONAL CIVIL JUDGE AND J.M.F.C., KUNDAPURA FOR THE OFFENCE P/U/S 138 OF N.I ACT (ANNEXURE-A HEREIN) 2. SET ASIDE THE ORDER DATED 07.10.2021 PASSED BY THE HONBLE ADDITIONAL CIVIL JUDGE AND J.M.F.C. KUNDAPURA UNDER SEC.250 OF THE CODE OF CRIMINAL PROCEDURE DIRECTING THE APPELLANT TO PAY A SUM OF RS.15,000/- TO THE RESPONDENT AS COMPENSATION (ANNEXURE-A HEREIN) AND CONSEQUENTLY. 3.CONVICT THE RESPONDENT / ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I ACT AND FURTHER SENTENCE THE RESPONDENT / ACCUSED TO PAY A FINE OF RS.49,000/- BEING DOUBLE THE VALUE OF THE CHEQUE AMOUNT, ALONG THE S.I FOR A PERIOD OF TWO YEARS IN ACCORDANCE WITH LAW TEH PROVISIONS OF SEC.138 OF 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 1. Learned counsel for the appellant has filed a memo seeking leave of the Court to dismiss the appeal as the present appeal does not survive for consideration. Memo reads as hereunder: " 1. The Appellant preferred the above appeal against the judgment dated 01.10.2021 passed by Additional Civil Judge and JMFC at Kundapura ("Trial Court") in - 3 - HC-KAR NC: 2025:KHC:51402 CRL.A No. 69 of 2022 C.C.No.1993/2013, whereby the Hon'ble Trial Court has acquitted the Accused/Respondent herein of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and further directed the Complainant to pay a sum of Rs. 15,000/- (Rupees Fifteen Thousand Only) to the Respondent under Section 250 of the Code of Criminal Procedure, 1973. 2. During the pendency of the above appeal, the Respondent has paid the cheque amount to the Appellant and the dispute between the parties is settled. Therefore, the present appeal does not survive for consideration. Wherefore it is prayed that this Hon'ble Court may be pleased to receive the present memo on record and dismiss the present appeal as settled in the interests of justice and equity." 2. Memo is taken on record. In view of the memo, Appeal stands disposed of as settled out of Court. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 2 Sl No.: 4