HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8 T H DAY OF MARCH, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE UMESH M ADIGA AND SHRI MAQBOOLAHAMED M. PATIL, MEMBER CRL.R.P.No. 100056/2025 (Lok Adalat No.20/2025) BETWEEN: SHRI. PAXIO P. RUSARIO S/O. P. RUSARIO, AGE 54 YEARS, OCC: SERVICE, R/O. KARNATAKA B N, NCC OFFICE, KARWAR-581301, UTTARA KANNADA DISTRICT. ...PETITIONER (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND 1. SHRI. SANJAY B. NAIK S/O. BABURAO NAIK, SINCE DECEASED BY HIS LRS. 1A. RIDDHHI S. NAIK W/O. LATE SANJAY NAIK, AGED ABOUT 53 YEARS. 1B. CHIRANJEEV SANJAY NAIK S/O. LATE SANJAY NAIK, AGED ABOUT 25 YEARS, BOTH ARE R/O.1739/A, POST OFFICE, HABBUWADA, KARWAR TALUK-581306, UTTARA KANNADA. …RESPONDENTS (BY SRI. VIJAY M. MALALI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.438 R/W. 442 OF BNSS, SEEKING TO CALL FOR RECORDS IN ORDER DATED 30.09.2024 IN CRIMINAL APPEAL NO.90/2019 ON THE FILE OF THE II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR AND IN C.C. NO. 397/2014 DATED 08.03.2019 ON THE FILE OF JMFC 2ND KARWAR FOR OFFENCE 2 P/U/SEC.138 OF NI ACT AND SET ASIDE THE IMPUGNED JUDGMENT DATED ORDER DATED 30.09.2024 IN CRIMINAL APPEAL NO.90/2019 ON THE FILE OF THE II ADDL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR AND IN C.C.NO. 397/2014 DATED 08.03.2019 ON THE FILE OF JMFC 2ND KARWAR FOR OFFENCE P/U/SEC.138 OF N.I ACT. THE CRIMINAL REVISION PETITION BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: CONCILIATION ORDER 1. Learned counsel Sri.V.M.Malali has filed vakalath on behalf of the legal representatives of respondent Nos.1 i.e., respondent Nos.1(a) and (b). 2. The revision petitioner along with the advocates for the revision petitioner and the respondent are present. 3. After prolonged negotiation, the matter is settled and the advocates appearing for both the parties have filed a joint memo stating that the matter is settled for Rs.1,60,000/- (Rupees One Lakh Sixty Thousand only) towards full and final settlement. 3 4. Learned advocate for the legal heirs of respondent Nos.1(a) and (b) has filed xerox copy of the acknowledgment of receipt of the amount of Rs.60,000/- by way of cash on 04.03.2025 and submits that Rs.1,00,000/- is deposited before this Court. Considering the facts and circumstances of the case, absence of respondent Nos.1(a) and (b) herein, joint memo is accepted. In terms of the joint memo, the revision petition stands disposed off. 5. The amount, if any, deposited by the accused/revision petitioner shall be released in favour of the complainant/respondent Nos.1(a) and (b) on due identification. 6. In view of the settlement arrived at between the parties, the judgment in C.C.No.397/2014 dated 08.03.2019 on the file of JMFC-II, Karwar for the offence punishable under Section 138 of the Negotiable Instruments Act, 4 confirming the same in order dated 30.09.2024 in Criminal Appeal No.90/2019 on the file of the II Addl. District and Sessions Judge, Uttara Kannada, Karwar are set aside and the accused is acquitted of the offence punishable under Section 138 of N.I. Act. 7. Registry to draw award accordingly. Sd/- JUDGE Sd/- MEMBER KGK /CT-AN