1 1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE SPECIAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MS. JUSTICE J.M. KHAZI & SMT.SHILPA RANI, MEMBER CRL.RP.No. 48/2025 (Lok Adalat No.4370/2025) BETWEEN SRI.T.NAGAPPA, S/O. LATE. THIMMARAYAPPA, AGED ABOUT 61 YEARS, R/AT ATTIVATTA VILLAGE, NH 75, PIN CODE - 562 114 HOSAKOTE TALUK, BENGALURU RURAL - 562 114. ...PETITIONER (BY SRI. GANESH G.G., ADVOCATE) AND SRI. VISHWANATHAREDDY K.B., S/O. LATE. K.BAYAREDDY, AGED ABOUT 56 YEARS, R/AT NEAR SFS CHURCH, VENKATAGIRIKOTE, M.G.ROAD, CHINTAMANI TOWN, CHIKKABALLAPUR DIST - 563 125. ….RESPONDENT (BY SRI. CHANNAKESHAVA D.R., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO BY SETTING ASIDE THE JUDGMENTS PASSED BY THE HONBLE PRL. 2 2 CIVIL JUDGE AND JMFC CHINTAMANI, IN C.C.NO.744/2018, ORDER DATED 11TH DAY OF OCTOBER 2023, CONVICTING THE APPELLANT/ACCUSED AND SENTENCING HIM TO PAY A FINE OF RS.3,15,000/- IN DEFAULT OF FINE PAYMENT TO UNDERGO A SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND ETC. THIS PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent are present. 2. Heard the learned counsel appearing for the respective counsel. 3. The petitioner and the respondent along with their respective counsel have filed the joint memo for compromise, signed by both the parties and their respective counsel. 4. The terms of the compromise petition, which reads as under: "1. The respondent had filed a private complaint against the petitioner under Section 138 of the Negotiable Instruments Act in C.C.No.744/2018 before the Hon'ble Principal Civil Judge and JMFC, Chintamani. In the said case, the petitioner was directed by the Trial Court on 11.10.2023 to pay a sum of Rs.3,15,000/- to the respondent. 2. Subsequently, based on the advice of elders, well-wishers, and mutual friends, both parties have amicably settled the matter out of the 3 3 Court. As per the terms of compromise, the petitioner agreed to pay a sum of Rs.3,77,500/- to the respondent, which has been duly paid. The dispute has thus been fully resolved. 3. At present, there is no outstanding amount due from the petitioner to the respondent. It is submitted that this Hon'ble Court, at the time of suspending the sentence, had directed the petitioner to deposit 30% of the cheque amount before the Trial Court. In compliance with the said order, the petitioner has deposited Rs.77,500/- on 24.02.2025 in C.C.No. 744/2018 (Receipt No.RO.147/2025). 4. The respondent has no objection to the release of the deposited amount to the petitioner and respectfully requests this Hon'ble Court to pass necessary orders to that effect. 5. It is further submitted that the respondent sustained a left tumor with segmental fracture on 09.09.2024 and is presently undergoing treatment at Hosmat Hospital, Bengaluru. Owing to this medical condition, the respondent is unable to travel and personally appear before this Hon'ble Court to confirm the compromise. However, through counsel, the respondent affirms the compromise and confirms that he has received the full settlement amount of Rs.3,77,500/- from the petitioner. The respondent also affirms that no amount is due or payable from the petitioner as on date." 5. In the light of the compromise entered into between the parties, I proceed to pass the following: ORDER i) The Criminal Revision Petition is allowed. ii) Impugned order dated 12.11.2024 in Crl.A.No.69/2023 passed by the II Addl. District 4 4 and Sessions Judge sitting at Chintamani, Chikkaballapur District confirming the judgment and order dated 11.10.2023, passed by the Hon'ble Principal Civil Judge and JMFC, Chintamani in C.C.No.744/2018, are set aside. Consequently petitioner/accused is acquitted for the offence punishable under Section 138 of Negotiable Instrument Act. iii) The petitioner/accused is entitled for refund of Rs.77,500/-. Trial Court is directed to refund of Rs.77,500/- to the petitioner/accused. iv) Bail bond of the accused and Sureties bond shall stand cancelled. Sd/- JUDGE Sd/- MEMBER AMM