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2025 DAILYLAW 20329 (KAR)

MAHADEVAIAH v. M VARADA REDDY

CRL.RP/422/2024 · 2025-04-26

Lok Adalath

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE T M NADAF & MR. VINAY SHREYAS K V, MEMBER CRIMINAL REVISION PETITION No.422/2024 (Lok Adalat No.2752/2025) BETWEEN: MAHADEVAIAH S/O LATE DASAPPA, AGED ABOUT 57 YEARS, T.NO.22108, HMT WF-IV, TUMAKURU – 572 103 R/AT “ANUGRAHA”, 7TH CROSS, VIDYA COLLEGE ROAD, VIDYANAGAR, TUMAKURU CITY – 572 103 …PETITIONER (BY SRI. DAYAMANI S, ADVOCATE) AND M VARADA REDDY S/O MUNISWAMAPPA, AGED ABOUT 48 YEARS, R/O GULUR VILLAGE & HOBLI, TUMAKURU TALUK – 572 118 …RESPONDENT (BY SRI. A.V.GANGADHARAPPA, ADVOCATE) 2 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION JUDGMENT DATED 17.02.2024, DISMISSING THE CRIMINAL APPEAL NO.81/2023, ON FILE OF VII ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU FILED BY THE PETITIONER AND ORDER OF CONVICTION JUDGMENT PASSED IN C.C.NO.338/2009, ON FILE OF I ADDL. CIVIL JUDGE AND JMFC, TUMKURU, DATED 14.07.2023, ACTING U/S 255(2) OF CR.P.C, FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND ACQUIT THE PETITIONER/ACCUSED, OR IN ALTERNATIVE REMAND THE MATTER FOR FRESH EVIDENCE AND HEARING TO THE TRIAL COURT, AND COST OF PETITION AND SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER Learned counsel appearing for the parties and the respective parties are present. 2. Heard the learned counsel appearing for the respective parties. 3. The petitioner and the respondent along with their respective counsel have filed the joint memo for settlement for an amount of Rs.4,00,000/- (Rupees Four Lakhs only). The petitioner submits that he has already paid a sum of Rs.2,50,000/- and the same has been acknowledged by the respondent. Today, petitioner has agreed to pay balance sum of Rs.1,50,000/- on or before 26.07.2025. 3 4. In view of the settlement entered between the parties, the judgment of conviction and order of sentence in C.C.No.338/2009 dated 14.07.2023 passed by the I Additional Civil Judge and JMFC, Tumakuru and order of confirmation in Crl.A.No.81/2023 dated 17.02.2024 passed by the VII Additional District and Sessions Judge, Tumakuru, are hereby set aside and modified as settled in terms of the joint memo. Petitioner is acquitted for the offence punishable under Section 138 of N.I. Act. 5. If the petitioner fails to deposit a sum of Rs.1,50,000/- before the Court on or before 26.07.2025, the settlement arrived stands cancelled and the judgment of conviction and the order of sentence passed in this Crl.R.P. will be revived. Complainant is at liberty to execute the same, in the manner known to law. Sd/- JUDGE Sd/- MEMBER MH/- 4 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT CRL.RP. NO. 422/2024 (LOK ADALATH NO. 2752/2025) BETWEEN: MAHADEVAIAH ... Petitioner AND M VARADA REDDY ... Respondent JOINT MEMO The Petitioner and Respondent jointly submit that both parties have settled the matter for Rs.4,00,000/- (Four Lakhs) as against the sentence amount of Rs.5,00,000/- as ordered by the trial Court in CC.338/2009. In pursuance of the settlement petitioner has agreed to pay Rs.4,00,000/- (Four Lakhs out of which petitioner has already deposited Rs.2,50,000/- (Two Lakhs Fifty Thousand) and further agreed to pay to the respondent balance of Rs.1,50,000/- (One Lakh Fifty Thousand) on or before 26/07/2025. If the petitioner fails to pay the same the orders/sentence and judgment of conviction passed by the Trial Court and Hon’ble Sessions Court shall stand revived on payment of the said Rs.1,50,000/- (One Lakh Fifty Thousand) deposited by the True Copy Sd/- Secretary 5 petitioner in the Trial Court, within the stipulated period, the order of sentence and Judgment of conviction shall stand set aside. Sd/- PETITIONER Sd/- ADVOCATE FOR PETITIONER Sd/- RESPONDENT Sd/- ADVOCATE FOR RESPONDENT BENGALURU. DATE: 26/04/2025 True Copy Sd/- Secretary