- 1 - HC-KAR NC: 2026:KHC:24315 CRL.RP No. 698 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 698 OF 2026 (397(Cr.PC) / 438(BNSS) BETWEEN: SHRI. SARASWATHI CREDIT SAHAKARA LIMITED MANAGALURU BRANCH, 1ST FLOOR, ROYAL CHAMBER KODIALBAIL, MANGALORE-575 003. REPRESENTED BY ITS MANAGER MR. PREMACHANDRA NAYAK. M S/O. GOVINDA NAYAK, AGED ABOUT 41 YEARS, …PETITIONER (BY SMT. SHRIDEVI BHOSALE, ADVOCATE) AND: SRI. M. SADIK JUBIN, S/O. MOHAMMAD M.H., R/AT UNIQUE ALUMINIUM AND PLASTIC, H. NO. 12-24, TANDAL HOUSE, BAPPANDU VILLAGE, MULKI POST, MANGALORE-575 454. …RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 03.01.2026 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, DK MANGALURU, IN CRL. APPEAL NO.327/2024, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT OF CONVICTION PASSED AGAINST THE RESPONDENT BY THE VIII JMFC, AT MANGALURU, BY JUDGEMENT DATED 25.10.2024 IN C.C. NO.:63/2023 FOR THE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24315 CRL.RP No. 698 of 2026 OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND SENTENCING THE RESPONDENT TO PAY A FINE OF RS.17,44,254 - AND IN DEFAULT TO PAY THE FINE TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF 3 MONTHS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the revision petitioner has filed memo which reads as under: “The petitioner most respectfully submit that, he has filed this revision petition inadvertently instead of filing a criminal Appeal. In that view of the matter the petitioner seeks kind leave of this Hon’ble Court to withdraw this petition with liberty to file a criminal appeal and the petitioner also seeks for the return the certified copies of the judgments annexed to this petition. Hence, this memo in the interest of justice and equity.” 2. Placing the memo on record petition stands disposed of with liberty as prayed for. - 3 - HC-KAR NC: 2026:KHC:24315 CRL.RP No. 698 of 2026 3. Office is directed to return the certified copies of the judgments annexed to the petition after keeping the photo copies. 4. Time spent before this Court shall be excluded while computing the period of limitation in the intended appeal. Sd/- (V SRISHANANDA) JUDGE MR, List No.: 2 Sl No.: 30