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2025 DAILYLAW 25013 (KAR)

AVINASH L v. MADHUKUMAR S P

CRL.RP/906/2022 · 2025-04-26

Lok Adalath

body2025

Judgment text

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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.906/2022 (Lok Adalat No.3990/2025) BETWEEN AVINASH L., S/O LAKSHMIKANTH AGED ABOUT 33 YEARS R/O NISARGA NILAYA C/O ASWATHANARAYANA OPPOSITE TO S.R.VIDYA KENDRA KUVEMPU ROAD AMARJYOTHINAGAR BANASHANKARI II STAGE KUNIGAL ROAD TUMAKUR-572 101 … APPELLANT (BY SRI S.V.PRAKASH, ADVOCATE) AND MADHUKUMAR S.P. S/O LATE PARAMESHWARAPPA AGED ABOUT 36 YEARS R/AT C/O MOHAN RAJ 2 JANANI NILAYA 8TH CROSS, GANGOTHRINAGAR SIT, TUMAKURU TOWN-572 101 ….RESPONDENT (C.R.VENKATESH, ADVOCATE) THIS CRL.R.P. U/S 397 R/W 401 CR.P.C IS FILED TO SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 06.04.2022 PASSED BY THE COURT OF LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMAKURU IN CRL.A.NO.26/2021 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION DATED 16.07.2021 PASSED BY THE COURT OF LEARNED PRINCIPAL CIVIL JUDGE AND JMFC I TUMAKURU IN C.C.No.3639/2014 CONVICTING AND SENTENCING THE PETITIONER TO PAY FINE OF RS.4,00,000/- WITHIN THIRTY DAYS AND IN DEFAULT TO PAY FINE AMOUNT TO UNDER GO SIMPLE IMPRISONMENT FOR THE PERIOD OF SIX MONTHS FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, 1881. 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 06.04.2022 in Crl.A.No.26/2021 passed by the I Additional District & Sessions Judge, Tumakuru and the order of conviction dated 16.07.2021 in C.C.No.3639/2014 passed by the Principal Civil Judge & JMFC-I at Tumakuru. The trial Court ordered payment of 3 Rs.4,00,000/-. The order of the trial Court came to be confirmed in criminal appeal. 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 jointly submitted that they have agreed and settled the matter for a sum Rs.3,25,000/- towards full and final settlement as against the ordered amount of Rs.4,00,000/-. The petitioner has no objection for the respondent to withdraw the amount of Rs.2,00,000/- in deposit. Further, the petitioner is agreeable to pay the remaining amount on or before 30.06.2025 in two installments for which the respondent has no objection. 4. In view of the above, it is submitted that the parties have settled the dispute amicably. 4 5. In the light of the submissions, judgment dated 06.04.2022 in Crl.A.No.26/2021 passed by the I Additional District & Sessions Judge, Tumakuru and the order of conviction dated 16.07.2021 in C.C.No.3639/2014 passed by the Principal Civil Judge & JMFC-I at Tumakuru are set aside and modified to the extent agreed to by the parties. The petitioner is acquitted of the offence punishable under Section 138 of N.I. Act. 6. In view of the above, the revision petition stands disposed of. Sd/- JUDGE Sd/- MEMBER Yn.