- 1 - HC-KAR NC: 2025:KHC:49998 CRL.A No. 227 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.227 OF 2013 (A) BETWEEN: K.V. VIDYANANDA S/O KALLUMALIGE GOWDA N., AGED ABOUT 29 YEARS, R/AT D.NO.35, BELADINGALU NILAYA, KUVEMPUNAGAR, MYSORE-570023. …APPELLANT (BY SRI. ROHITH S.V., ADV. FOR SRI. K. K. SREENIVAS, AD.V) AND: C.G. GANGADHAR S/O GUDDAIAH @ MATADAVANU, POPRIETOR OF HARSHITH BAR AND RESTAURANT, R/AT D.NO.50, HARSHA GAGAN, KHB COLONY, 3RD STAGE, KUVEMPUNAGAR, MYSORE-570023. …RESPONDENT (BY SMT. ARCHANA MURTHY P., ADV. - AMICUS CURIAE FOR RESPONDENT VIDE COURT ORDER DATED: 18.09.2025.) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 07.06.2012 PASSED BY THE I ADDL. I C.J. (JR. DN.) & J.M.F.C., MYSORE IN C.C.NO.493/2007 - ACQUITTING OF THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49998 CRL.A No. 227 of 2013 ORAL JUDGMENT 1. Learned counsel for the appellant present. Counsel for the Respondent is also present. The appellant counsel has filed a memo, in which it is stated as under: "MEMO FOR WITHDRAWAL The undersigned for the appellant humbly submits as follows: The Criminal Appeal under Section 378(4) Cr.PC, praying that this Hon'ble Court may be pleased to set aside the Judgment and Order dated 07.06.2022, passed in the I Additional CJ (Junior Division) and JMFC, Mysore in CC No.493/2007, Acquitting of the Respondent/Accused for the offence punishable u/s 138 of N.I. Act. Appellant and the respondent herein have settled the matter amicably of Rs.7,00,000/- (Rupees Seven lakhs only) out of the Court. Hence, the appellant is hereby seeking withdrawal of the above appeal. WHEREFORE, this Hon'ble Court may kindly be pleased to take the memo on record and kindly permit the appellant to withdrawn the above criminal appeal as settled out of the Court in the interest of Justice." 2. It is submitted by the learned Counsel for the appellant that the respondent has paid an amount of Rs.7.00 lakh by - 3 - HC-KAR NC: 2025:KHC:49998 CRL.A No. 227 of 2013 cash. In view of settlement and also in view of filing memo of withdrawal, appeal stands disposed of as having settled out of court. 3. The respondent shall pay an amount of Rs.5,000/- to Smt. Archana Murthy, Amicus Curiae for the respondent. It is submitted by the learned Amicus Curiae that she has received the amount of Rs.5,000/-. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 29