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2025 DAILYLAW 34883 (KAR)

SRI CHANDRASHEKRAIAH v. SRI HANUMATHARAYAPPA

CRL.RP/1573/2023 · 2025-04-22

Lok Adalath

body2025

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 22ND DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA & SMT. SOHANI HOLLA, MEMBER CRL. R.P.No.1573/2023 (Lok Adalat No.885/2025) BETWEEN: SRI CHANDRASHEKRAIAH S/O LATE GANGAIAH, AGED ABOUT 56 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 OF JUDGMENT CONVICTION ON DATED 25.01.2022 PASSED BY XIX A.C.M.M (19TH A.C.M.M) AT BENGALURU IN C.C.NO.10440/2018 FOR THE OFFENCE P/U/S 138 OF N.I ACT AND ACQUIT THE PETITIONER BY ALLOWING THE REVISION PETITION. SET ASIDE THE SENTENCE OF JUDGMENT CONVICTION ON DATED 30.08.2023 PASSED BY THE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-63) AT BENGALURU IN CRL.A.NO.225/2022 FOR THE OFFENCE P/U/S 138 OF N.I 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.1573 /2023 (LOK ADALAT NO. 885/2025) BETWEEN Sri.Chandrashekaraiah ...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 ACMM Bengaluru in C.C.No.10440/2018 and also challenging the Judgment of Conviction dated:30-8-2023 Passed by the LXII ______________________________________________________________ Sd/- Sd/- Petitioner Respondent True Copy Sd/- Secretary 5 Additional City Civil & Session Judge (CCH-63) in Criminal Appeal No.225/2022. 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 Hon’ble court the Petitioner/accused has deposited a sum of Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand Only) before the ______________________________________________________________ Sd/- Sd/- Petitioner Respondent True Copy Sd/- Secretary 6 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, before trial court by way of Demand Draft, Bank Transfer. 5. Further, in case of default of payment and violation of terms and conditions of this joint memo by the petitioner/accused, the ______________________________________________________________ Sd/- Sd/- Petitioner Respondent True Copy Sd/- Secretary 7 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: 22/4/2025 True Copy Sd/- Secretary