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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 22ND DAY OF APRIL 2025
CONCILIATORS PRESENT:
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA
&
SMT. SOHANI HOLLA, MEMBER
CRL. R.P.No.1603/2023 (Lok Adalat No.1918/2025)
BETWEEN:
SMT. M. SHAKUNTHALA W/O. CHANDRASHEKARAIAH, AGED ABOUT 48 YEARS, R/AT #11, K.K. LAYOUT, NEAR MULKATTAMMA TEMPLE, PAPAREDDYPALYA, NAGARABHAVI, BANGALORE-560072.
… PETITIONER
(BY SRI NANDEESHA G. ADVOCATE)
AND:
SRI HANUMANTHARAYAPPA, S/O LATE BYLAPPA, AGED ABOUT 65 YEARS, R/AT #9/12, 5TH CROSS, GANESHA BLOCK, MAHALAKSHMIPURAM, BANGALORE-560086.
… RESPONDENT
(BY SRI LAKSHMIKANTH K., ADVOCATE)
2 THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE SENTENCE JUDGMENT OF CONVICTION ON DATED 25.01.2022 PASSED BY XIX ACMM (19TH ACMM) AT BENGALURU IN C.C.NO.10439/2018 FOR THE OFFENCE P/U/S.138 OF NI ACT AND ACQUIT THE PETITIONER BY ALLOWING THE REVISION PETITION; SET ASIDE THE SENTENCE JUDGMENT OF CONVICTION ON DATED 30.08.2023 PASSED BY THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-63) AT BENGALURU CRL.A.NO.226/2022 FOR THE OFFENCE P/U/S.138 OF NI ACT AND ACQUIT THE PETITIONER BY ALLOWING THE REVISION PETITION.
THIS PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
Petitioner-accused and respondent-complainant are present duly identified by their respective counsel.
2. Heard the
learned counsel appearing for the respective parties.
3. After prolonged negotiations, the matter is settled. The petitioner and the respondent along with their respective counsel have filed the joint memo, the petitioner agreed to pay Rs.3,40,000/- as full and final settlement. The petitioner has deposited a sum of Rs.2,50,000/- before the trial Court being the 50% of the fine amount and the remaining amount of Rs.90,000/- to be payable by the petitioner-accused to the
3 respondent-complainant on or before 05.06.2025 before the trial Court by way of Demand Draft / Bank transfer.
4. Both the parties have agreed to joint memo and duly signed by the parties and their respective counsel.
5. The respondent-complainant is permitted to withdraw the amount in deposit of Rs.2,50,000/- on proper identification.
6. In view of the joint memo, the petition stands
disposed of and the petitioner-accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. In case of default of payment, the respondent- complainant is at liberty to take action in accordance with law.
Sd/- JUDGE
Sd/- MEMBER
AT
4 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT CRL.RP. NO. 1603/2023 (LOK ADALATH NO. 1918/2025)
BETWEEN Smt.M.Shakunthala
...Petitioner
AND Sri.Hanumantharayappa
...Respondent
JOINT MEMO:
The Petitioner/Accused and the Respondent/Complainant above named most humbly submit before this Hon'ble Court as Hereunder: -
1. The Petitioner/Accused above named submits that, the Petitioner has filed the above Criminal Revision petition challenging the Judgment of Conviction dated:25-1-2022 passed by the XIX ______________________________________________________________ Sd/-
Sd/- Petitioner
Respondent
True Copy
Sd/-
Secretary
5 ACMM Bengaluru in C.C.No.10439/2018 and also challenging the
Judgment of Conviction dated:30-8-2023 Passed by the LXII Additional City civil & Session Judge (CCH-63), in Criminal Appeal No.226/2022.
2. Further, the Petitioner/Accused and the respondent/Complainant submit that at the intervention of the well wishers and the friends, the above matter has been settled between the parties and in the meanwhile, the Compensation awarded by the Lower/Trial Court is of Rs.4,90,000/-(Rupees Four Lakh Ninety Thousand Only) and the Petitioner is ready and willing to pay a sum of Rs.3,40,000/-(Rupees Three Lakh Forty Thousand Only) to the respondent and the respondent has also agreed for receiving the said compromised amount of Rs.3,40,000/-.
3. Further, the Petitioner submit that, as per the order of this ______________________________________________________________ Sd/-
Sd/- Petitioner
Respondent
True Copy
Sd/-
Secretary
6 Hon’ble court the Petitioner/accused has deposited a sum of Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand Only) before the trial court, which is 50% of the Fine amount, the said deposited amount shall be released in favour of the respondent/complainant, for which the petitioner/accused is also agreed the same.
4. Further, out of the compromised amount of Rs.3,40,000/- (Rupees Three Lakh Fifty Thousand Only) the Respondent/complainant
is entitle to receive a sum of Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand Only) which is deposited before the trial court by the petitioner/Accused, and remaining amount of Rs.90,000/-(Rupees Ninety Thousand Only) shall be payable by the petitioner/accused to the respondent/complainant on or Before 05-6-2025, by way of Demand Draft, Bank Transfer. ______________________________________________________________ Sd/-
Sd/- Petitioner
Respondent
True Copy
Sd/-
Secretary
7
5. Further, in case of default of payment and violation of terms and conditions of this joint memo by the petitioner/accused, the respondent/complainant is liberty to take necessary legal action against the petitioner/accused.
6. Further, the petitioner/accused and respondent/ complainant submits that, the above said agreed amount is the full and final settlement of the case, there is no other claims each other. Hence, this joint memo filed this day as per the said terms between the petitioner/accused and Respondent/ complainant.
Wherefore, the petitioner/accused and Respondent/ complainant most humbly pray that this Hon'ble court may be pleased to take the joint memo on record and pass a necessary
order accordingly, in the interest of justice.
Sd/-
Sd/- Advocate for Petitioner
Petitioner
Sd/-
Sd/- Advocate for Respondent
Respondent
Bengaluru, Date: 22/04/2025 True Copy
Sd/-
Secretary