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2025 DAILYLAW 43799 (KAR)

M/S SUPER TRANSPORT v. BAGALKOT CEMENT AND INDUSTRIES LIMITED, BAGALKOT

CRL.RP/100496/2022 · 2025-03-08

Lok Adalath

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE UMESH M ADIGA AND SHRI MAQBOOLAHAMED M. PATIL, MEMBER CRL.R.P.No. 100496.2022 (Lok Adalat No.24/2025) BETWEEN: 1. M/S. SUPER TRANSPORT, BY ITS PARTNER MR. AYUBKHAN S/O. DAWOODKHAN PATHAN @ PATRHAN, AGE. 53 YEARS, OCC: PARTNER, R/O. PLOT NO.20, 4TH CROSS, VEERBHADRA NAGAR, TQ AND DIST. BELAGAVI-590016. 2. M/S. SUPER TRANSPORT, BY ITS PARTNER SMT. FAREEN W/O. AYUBKHAN PATHAN @ PATRHAN, FIRM NO.DEL-F, 179-2008-2009, AGE 53 YEARS, OCC: PARTNER, R/O. PLOT NO.20, 4TH CROSS, 2 VEERBHADRA NAGAR, TQ AND DIST. BELAGAVI-590016. ...PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND BAGALKOT CEMENT AND INDUSTRIES LIMITED, BAGALKOT, BY ITS AUTHORIZED REPRESENTATIVES, THE ASST. MANAGER, LEGAL, MR. A. R. NIDASESHI, AGE MAJOR, OCC: BUSINESS, R/O. BAGALKOT, TQ AND DIST. BAGALKOT-587101. ..RESPONDENT (BY SRI. S. B. HEBBALLI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SECTION 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE IV ADDL. SESSIONS JUDGE, BELAGAVI, IN CRIMINAL APPEAL NO.191/2021 DATED 10.02.2022, IN DISMISSED THE APPEAL BY CONFIRMING THE ORDER OF CONVICTION AND SENTENCE PASSED IN CRIMINAL CASE NO.844/2017 DATED 20.09.2021, PASSED BY THE VIII- J.M.F.C. BELAGAVI, FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT BY ALLOWING THIS PETITION. THE CRIMINAL REVISION PETITION BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER 1. The revision petitioner and the respondent along with their respective advocates are present. 2. After prolonged negotiation, the matter is settled and the advocates appearing for both the sides have filed a joint memo stating that the matter is settled for Rs.1,30,000/- (Rupees one lakh thirty thousand only) towards full and final settlement, including the amount in deposit. 3. In view of the settlement arrived at between the parties, the judgment and sentence passed by the trial Court and confirmed by the First Appellate Court stands set aside. The accused is acquitted of the offence punishable under Section 138 of the N.I. Act. 4. In the event accused defaults in making the payment, as per the joint memo, the complainant is at liberty to recover the same as per the joint memo. The joint memo shall form part of the award. 4 5. In terms of the joint memo, the revision petition stands disposed off. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER VNP /CT-AN