SRI E P ESAI VANAN NADAR v. SRI DEVARAJ B V AND COMPANY
CRL.RP/751/2023 · 2025-04-26
Lok Adalath
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 24591 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24591 (KAR) · dailylaw.ai ]
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 K.V. ARAVIND
&
SRI. JAVEED S., MEMBER
CRL.R.P.No.751/2023 (Lok Adalat No.840/2025)
BETWEEN
SRI E.P.ESAI VANAN NADAR S/O SRI ESAI PAUL THURAI AGED ABOUT 47 YEARS RESIDING AT NO.21/7 SHIVASHAKTHI NILAYA 2ND FLOOR, 2ND MAIN ROAD GOKUL FIRST STAGE YESHWANTHAPURA BENGALURU-560 022
… APPELLANT
(BY SMT.KOKILA AND SHRI NAGARJUN N., ADVOCATES)
AND SHRI DEVARAJ B.V. AND COMPANY PROPRIETOR S/O SRI VENUGOPAL AGED ABOUT 43 YEARS HAVING CHARTERED ACCOUNT OFFICE
2 AT NO.14/14, 2ND FLOOR, 59TH CR0SS 5TH BLOCK RAJAJINAGAR BENGALURU-560 010 ….RESPONDENT (SMT.NALINA R., ADVOCATE)
THIS CRL.R.P. U/S 397 R/W 401 CR.P.C IS FILED TO SET ASIDE SET ASIDE THE JUDGMENT AND ORDER DATED 26.12.2019 IN C.C.NO.20690/2018 PASSED BY THE XV ADDL.C.M.M., BENGALURU AND THE
JUDGMENT AND
ORDER DATED 20.03.2023 IN CRL.A.NO.155/2020 PASSED BY THE LEARNED LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-76), BENGALURU AND ACQUIT THE PETITIONER.
THIS PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
This revision petition is filed by the petitioner against the judgment dated 20.03.2023 in Crl.A.No.155/2020 passed by the LXXV Additional City Civil and Sessions Judge, Bangalore and the order of conviction dated 26.12.2019 in C.C.No.20690/2018 passed by the XV Addl. Chief Metropolitan Magistrate, Bangalore. The trial Court ordered payment of Rs.5,10,000/-. The order of the trial Court came to be confirmed in criminal appeal.
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2. The learned Counsel appearing for the petitioner, respondent and their respective parties are present. The parties are identified by their respective counsels.
3. Both the parties have filed a joint memo stating that they have agreed and settled the matter for a sum Rs.4,25,000/- towards full and final settlement as against the ordered amount of Rs.5,10,000/-. The petitioner has no objection for the respondent to withdraw the amount of Rs.2,55,000/- which is in deposit before the court below. Further, the petitioner is agreeable to pay the remaining amount of Rs.1,70,000/- to the respondent within thirty days in two equal installments. It is further agreed between the parties that in the event of non-payment of Rs.1,70,000/- within thirty days as agreed, the parties are at liberty to seek revival of this petition.
4. In view of the above, it is submitted that the parties have settled the dispute in terms of the joint memo.
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5. In the light of the submissions, judgment dated 20.03.2023 in Crl.A.No.155/2020 passed by the LXXV Additional City Civil and Sessions Judge, Bangalore and the
order of conviction dated 26.12.2019 in C.C.No.20690/2018 passed by the XV Addl. Chief Metropolitan Magistrate, Bangalore, is set aside and modified to the extent agreed to by the parties in the joint memo. The petitioner is acquitted of the offence punishable under Section 138 of N.I. Act.
6. Liberty is reserved to the parties to revive the petition in the event of default in payment by the petitioner.
7. In view of the above, the revision petition stands
disposed of.
Sd/- JUDGE
Sd/- MEMBER
Yn.
5 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT CRL.RP. NO.751 /2023 (LOK ADALATH NO. 840/2025) BETWEEN:
SRI. E.P. ESAI VANAN NADAR
... Petitioner
AND:
SHRI DEVARAJ B.V. AND COMPANY, PROPRIETOR
... Respondent JOINT MEMO
The petitioner and respondent humbly submit as follows.
1. The petitioner and respondent have amicably resolved and settled their dispute in the above case. That the respondent agreed to receive a total sum of Rs.4,25,000/- (Rupees Four Lakhs Twenty Five Thousand only) from the petitioner.
2. The petitioner has already deposited a sum of Rs.2,55,000/- (Rupees Two Lakhs Fifty Five Thousand Only) before the court below towards the interim compensation. The respondent may withdraw the said Rs.2,55,000/- (Rupees Two Lakhs Fifty Five Thousand Only) by filing necessary application in the court below.
3. The petitioner has to pay the remaining amount of Rs.1,70,000/- (Rupees One ___________________________________________________________ Sd/-
Sd/- Petitioner
Respondent
True Copy
Sd/-
Secretary
6 Lakh Seventy Thousand Only) to the respondent in two installment within a period of 30 days. Otherwise liberty to Re-open the case thus the matter is settled between the parties herein as full and final. The both parties have no claim of whatsoever against each other. The settlement arrived at between the parties is Voluntary and out of their own volition. Wherefore the petitioner and respondent humbly pray the Hon’ble Court be pleased to dispose the above matter in terms of this joint memo in the interest of justice.
Sd/-
Sd/- Petitioner
Respondent
Sd/-
Sd/- Advocate for Petitioner
Advocate for Respondent
Bengaluru. Dated: 26/04/2025
True Copy
Sd/-
Secretary