- 1 - HC-KAR NC: 2025:KHC-D:14840 CRL.P No. 104052 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104052 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. VIJAYKUMAR S/O. PRAKASH SHIRAGUPPI, AGE. 45 YEARS, OCC. ATTENDER, KVG BANK, HALLIGERI BRANCH, OLD PANCHAYAT BUILDING, MAIN ROAD, HALLIGERI-580118, TQ. AND DIST. DHARWAD. ALSO, AT: SRI. VIJAYKUMAR S/O. PRAKASH SHIRAGUPPI, NO.166, PRASHANT NAGAR, OLD HUBBALLI, HUBBALLI-580020. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: MARUTI S/O. HOLEPPA DODDAMANI, AGE. 45 YEARS, OCC. ATTENDER KVG BANK, R/O. NO.369, OPP. DURGAMMA TEMPLE, NEHRU NAGAR, HALIYAL ROAD, DHARWAD-580003. …RESPONDENT (BY SRI. KRISHNA N.MURNAL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, SET- ASIDE THE IMPUGNED ORDER DATED 23/09/2025 PASSED ON APPLICATION AS FILED BY THE PETITIONER UNDER SECTION 348 OF BNSS, 2023 (UNDER SECTION 311 OF CR.P.C) PENDING BEFORE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND CIM, AT DHARWAD IN CC. NO.2959/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND ALLOW THE SAME, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14840 CRL.P No. 104052 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the petition with a liberty to file fresh application under Section 311 of Cr.P.C after completion of defence evidence. 2. Memo is placed on record. 3. In view of memo, the petition is dismissed as withdrawn with a liberty as prayed for. 4. Learned counsel for the petitioner is permitted to file necessary application under Section 311 of Cr.P.C., after completion of defence evidence. 5. In view of disposal of the petition, all pending applications stand disposed off as they do not survive for consideration. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 40