- 1 - HC-KAR NC: 2025:KHC-D:9557 CRL.A No. 100037 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA CRIMINAL APPEAL NO. 100037 OF 2019 (A-) BETWEEN: PATSON CHIT FUNDS PRIVATE LIMITED, BELAGAVI, GANDHI BHAVAN, BELAGAVI, REPRESENTED BY ITS RECOVERY MANAGER, SHRI. RAJU NARAYAN JOSHI, AGE: 45 YEARS, OCC: RECOVERY MANAGER, R/O: RAMTHEERTH NAGAR, BELAGAVI. …APPELLANT (BY SRI. S.M. KALWAD, ADVOCATE) AND: SHRI. NITIN MAHESH RAIKAR, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.7/2, KHADE BAZAR, SHAHAPUR, BELAGAVI. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C., PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER OF ACQUITTAL ORDER DATED 23.10.2018 MADE IN C.C. NO.2263/2017 PASSED BY THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS-V, BELAGAVI AND THE RESPONDENT BE PLEASED TO CONVICT FOR THE OFFENCE UNDER SECTION 138 OF N.I. ACT AND DIRECT THE RESPONDENT TO PAY THE CHEQUE AMOUNT WITH INTEREST THEREON AND ALSO WITH THE PENALTY IN INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9557 CRL.A No. 100037 of 2019 ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 01.08.2025, which reads as follows: MEMO As per the instructions of the appellant, respondent has paid the part of the cheque amount and the matter is settled out of the court amicably. Hence, the appellant intends to withdraw the above said appeal in the interest of justice and equity. Dharwad, sd/- Dated:01.08.2025 Advocate for Appellant (S.M. Kalwad) In view of the aforementioned, the above appeal is dismissed as withdrawn. Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 35