Extracted from the PDF above. The PDF is authoritative.
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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22nd DAY OF APRIL 2025
CONCILIATORS PRESENT:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL
&
SMT. P.V. KALPANA, MEMBER
CRL. R.P.No.597/2020 (Lok Adalat No.2104/2025) BETWEEN:
...PETITIONER (BY SRI. H. MALATESH, ADVOCATE)
AND:
SRI. H. DEVARAJ, S/O BASAVARAJAPPA, AGED ABOUT 50 YEARS, PROP: VYSHALI TRADERS, SWAMY NIVAS, 1ST MAIN, 2ND CROSS, BASAVESHWARA NAGARA, SHIVMOGGA - 577 201. …RESPONDENT (BY SRI CHIDAMBARA G.S, ADVOCATE) SRI. H.C.RUDRESH, S/O. CHANNABASAPPA, AGED ABOUT 30 YEARS, MELINA BEDARA HOSAHALLI VILLAGE, SHIVAMOGGA - 577 201.
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THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 20.11.2019 PASSED BY THE J.M.F.C.-III, SHIVAMOGGA IN C.C.NO.915/2018.
THIS PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
Learned Counsels for the petitioner and the respondent are present and the respective parties are also present.
2. Heard the learned counsel appearing for the respective parties.
3. The respondent/complainant produces the copies of his Driving license and Aadhar card in proof of his identity. On
consideration, respondent submits that in the connected Criminal case C.C.No. 915/2018 on the file of J.M.F.C-III Court, Shivamogga the parties have already settled the matter.
4.
Learned counsel for the respondent further submits that he has received Rs. 3,00,000/- in full settlement of his cheque amount, and both parties state that they have entered into the settlement. The complainant seeks permission to compound the offence and set aside the impugned orders of conviction and sentence. The offence is a
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3 compoundable one. Since the parties have settled the matter, the parties are permitted to compound the offence.
5. In view of the compounding of the offence, the impugned
judgment and order of conviction and sentence passed against the petitioner is hereby set aside.
6. The petitioner is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act,
1881. The respondent/complainant has no objection to refund the amount in deposit to the petitioner/accused.
7. The amount in deposit shall be digitally released to the petitioner/accused on proper identification.
Sd/- JUDGE Sd/- MEMBER
SHS