- 1 - HC-KAR NC: 2026:KHC-D:1970 CRL.P No. 103039 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103039 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: SRI BASAVARAJ SANGOLI S/O BASAPPA AGE. 55 YEARS, OCC. PROPRIETOR OF H.S.B FOOD PRODUCT, R/O. HARAKABHAVI VILLAGE AND POST 583126 TAL. KUDLIGI, DIST. VIJAYANAGAR …PETITIONER (BY SRI. RAJENDRA R. PATIL, ADVOCATE) AND: SRI RAJENDRA KUMAR G. S/O LATE SURENDRA RAO AGE 65 YEARS, OCC. RETIRED BANK EMPLOYEE R/O. GURUVAR PETH, CHIKODI-591201 TAL CHIKODI, DIST BELAGAVI. …RESPONDENT (BY SRI. HANUMATHREDDY SAHUKAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE PROCEEDINGS IN CC NO.5/2022 PENDING ON THE FILE OF COURT OF CIVIL JUDGE AND JMFC KUDLIGI REGISTERED FOR THE OFFENCE P/U/S 138 OF NI ACT, ORDER SHEET MARKED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1970 CRL.P No. 103039 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. After addressing the arguments for sometime, learned counsel for the petitioner has filed a memo, which reads as under: “MEMO FOR WITHDRAWAL It is respectfully prayed before this Hon’ble court that the petitioner herein may be permitted to withdraw the above petition with a liberty to raise all defences/grounds in the trial, in the interest of justice.” 2. In view of the memo, the petition is dismissed as withdrawn. 3. However, it is made clear that all available defences, including the defence of belated complaint, are kept open to be urged and considered in the pending trial, in accordance with law, following the guidelines issued by - 3 - HC-KAR NC: 2026:KHC-D:1970 CRL.P No. 103039 of 2023 the Hon’ble Apex Court in Indian Bank Association and Others Vs. Union of India and Another1. Sd/- (V.SRISHANANDA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 35 1 AIR 2014 SC 2528