1 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M.JOSHI AND SRI SUDHIRSINGH R. VIJAPUR, MEMBER CRL. A.No.200060 OF 2021 C/W CRL. A.No.200059 OF 2021 Lok Adalat No. /2025 IN CRL.A.No.200060/2021: BETWEEN NAVINGOUDA S/O KASHINATH PATIL, AGE: 36 YEARS, OCC: OWNER OF QUARRY MACHINE, R/O MIRIYAN VILLAGE, TQ. CHINCHOLI, DIST. KALABURAGI-585 307. ...APPELLANT (BY SRI. R.S.LAGALI, ADVOCATE) AND THE STATE OF KARNATAKA, BY THE SHO GESCOM, PS KALABURAGI, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. ...RESPONDENT (BY SRI. G.B.YADAV, HCGP) 2 THIS CRL. A IS FILED UNDER SECTION 374(2) OF THE CRPC, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 30.03.2021 PASSED BY THE I ADDL. SESSIONS JUDGE, KALABURAGI IN SPECIAL CASE KPTCL NO.51/2017 AND ACQUIT THE APPELLANT OF ALL THE CHARGES. IN CRL.A.No.200059/2021: BETWEEN KRISHNAYYA S/O BALAPPA PUJARI, AGE: 49 YEARS, OCC: QUARRY MACHINE, R/O MIRIYAN VILLAGE, TQ. CHINCHOLI, DIST. KALABURAGI-585 307. ...APPELLANT (BY SRI. R.J. BHUSARE, ADVOCATE) AND THE STATE OF KARNATAKA, BY THE SHO GESCOM, PS KALABURAGI, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. ...RESPONDENT (BY SRI. G.B.YADAV, HCGP) THIS CRL. A IS FILED UNDER SECTION 374(2) OF THE CRPC, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 30.03.2021 PASSED BY THE I ADDL. SESSIONS JUDGE, KALABURAGI IN SPECIAL CASE KPTCL NO. 51/2017 AND ACQUIT THE APPELLANT OF ALL THE CHARGES. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: 3 CONCILIATION ORDER In Crl.A.No.200060/2021: After prolonged negotiations between the parties in the presence of their respective counsels and members of the Lok- Adalath, they have settled the matter, whereby the appellant has agreed to compound the case by paying a fine of Rs.1,22,500/- to the respondent. The offence under the provisions of the Electricity Act, being compoundable, we are satisfied that the settlement is just, reasonable and proper. 2. The joint memo reads as under: “The above Crl. Appeal filed against the Judgment passed in Spl. Case KPTCL No. 51/2017 dated 30.03.2021 on the file of the I-Addl. Sessions Judge at Kalaburagi has been referred to this Lok Adalat by the Hon'ble High Court u/s 20 of the Legal Services Authorities Act. 1987. The parties to the appeal have settled their dispute before the Lok Adalat on the following terms: The Hon'ble Session Court convicted the Appellant U/S 135 of Electricity Act R/W Section 379 of IPC with simple imprisonment for a period of 2 years with fine amount of Rs.2,00,000/-. 4 Being aggrieved by the said judgment, the appellant had filed the above appeal before this Hon'ble court. The appellant had deposited an amount of Rs. 1,00,000/-in terms of interim order granted by this Hon'ble Court. During pendency of the appeal, the matter has been settled between the appellant and respondent as under: Total fine amount is Rs.2,00,000/- (including BBC and Compound interest), out of 2 lakh, 1 lakh has already been deposited before this Hon'ble Court pursuant to interim order granted by this Hon'ble Court. Now the remaining amount of Rs.1,00,000/- is to be paid as per the trial Court order. Now it is settled that an interest of Rs. 22,500/- on the Rs. 2,00,000/- has to be paid (1 lakh already deposited). Now the remaining amount of Rs. 1,22,500/- has to be paid to the respondent as full and final settlement. The said amount of Rs. 1,22,500/- will paid within one week from today to the respondent GESCOM. The amount deposited before this Court may kindly be transferred to the account of Assistant Executive Engineer, GESCOM, Chincholi. 5 Therefore in view of above settlement arrived at between the parties, the sentence of imprisonment may kindly set aside. The parties to this appeal have set their hands to this settlement before the Lok-Adalath in the presence of Conciliators on this the 08.03.2025 at Kalaburagi bench.” 3. Accepting the joint memo filed by the parties, in the light of the joint memo and the settlement arrived at between the parties in this appeal, the impugned judgment of conviction is set aside and the case stands compounded in terms of the joint memo. 4. The amount which has been deposited before the High Court to be paid to the respondent-Assistant Executive Engineer, GESCOM, Chincholi. In Crl.A.No.200059/2021: After prolonged negotiations between the parties in the presence of their respective counsels and members of the Lok- Adalath, they have settled the matter, whereby the appellant has 6 agreed to compound the case by paying a fine of Rs.1,22,500/- to the respondent. The offence under the provisions of the Electricity Act, being compoundable, were satisfied that the settlement is just, reasonable and property. 2. The joint memo reads as under: The above Crl. Appeal filed against the Judgment passed in Spl. Case KPTCL No. 51/2017 dated 30.03.2021 on the file of the I Addl. Sessions Judge at Kalaburagi has been referred to this Lok Adalat by the Hon'ble High Court u/s 20 of the Legal Services Authorities Act. 1987. The parties to the appeal have settled their dispute before the Lok Adalat on the following terms: The Hon'ble Session court convicted the Appellant U/S 135 of Electricity Act R/W Section 379 of IPC with simple imprisonment for a period of 2 years with fine amount of Rs.2,00,000/-. Being aggrieved by the said judgment, the appellant had filed the above appeal before this Hon'ble court. The appellant had deposited an amount of Rs. 1,00,000/- in terms of interim order granted by this Hon'ble court. During pendency of the appeal the matter has been settled between the appellant and respondent as under. 7 Total fine amount is Rs. 2,00,000/- (including BBC and Compound interest), out of 2 lakh, 1 lakh has already been deposited before this Hon'ble court pursuant to interim order granted by this Hon'ble court. Now the remaining amount of Rs. 1,00,000/- is to be paid as per the trail court order. Now it is settled that an interest of Rs. 22,500/- on the Rs. 2,00,000/- has to be paid (1 lakh already deposited). Now the remaining amount of Rs. 1,22,500/- has to be paid to the respondent as full and final settlement. The said amount of Rs. 1,22,500/- will paid within one week from today to the respondent GESCOM. The amount deposited before this court may kindly be transferred to the account of Assistant Executive Engineer, GESCOM, Chincholi. Therefore in view of above settlement arrived between the parties, the sentence of imprisonment may kindly set aside. The parties to this appeal have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this the 08.03.2025 at Kalaburagi bench. 8 3. Accepting the joint memo filed by the parties, in the light of the joint memo and the settlement arrived at between the parties in this appeal, the impugned judgment of conviction is set aside and the case stands compounded in terms of the joint memo. 4. The amount, if any, which has been deposited before the High Court to be paid to the respondent-Assistant Executive Engineer, GESCOM, Chincholi. Sd/- (C.M.JOSHI) JUDGE Sd/- (SUDHIRSINGH R VIJAPUR) MEMBER SDU CT: AKV