UMESH S/O YALLAPPA PUJARI v. SMT. RENUKA SURESH KAMMAR,
CRL.RP/100300/2022 · 2025-03-08
Lok Adalath
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44714 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44714 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE G. BASAVARAJA AND SRI. PRASHANT S. KADADEVAR, MEMBER CRIMINAL REVISION PETITION NO.100300/2022 LOK ADALAT NO.03/2025
BETWEEN
UMESH S/O. YALLAPPA PUJARI AGED 42 YEARS, OCC. BUSINESS, R/O. CHIBBALAGERI, TATVANAGI, TQ. HALIYAL, DISTRICT. UTTARA KANNADA-581301
...PETITIONER
(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE)
2 AND
SMT. RENUKA SURESH KAMMAR, AGE. 37 YEARS, OCC. COOLIE, R/O. BASAVARAJ GALLI, TQ. HALIYAL, DISTRICT. UTTARA KANNADA-581301.
…RESPONDENT
(BY SRI. T.R. PATIL, ADVOCATE )
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397(1) R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE
JUDGMENT AND SENTENCED DATED 24.02.2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HALIYAL IN C.C.NO.10/2019 AND THE JUDGMENT AND SENTENCE PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, U.K., KARWAR SITTING AT SIRSI, IN CRIMINAL APPEAL NO.5013/2021, DATED 08.07.2022 CONFIRMING THE SENTENCE PASSED BY THE TRIAL COURT AND ALLOW THE REVISION PETITION AND ACQUIT THE PETITIONER OR ACCUSED FOR THE OFFENCE PUNISHABLE U/SEC. 138 OF N.I. ACT.
THIS CRIMINAL REVISION PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
3 CONCILIATION ORDER
Both parties along with their respective counsels are present.
2. The parties have filed joint memo dated 08.03.2025, which reads as under:
“The Parties have agreed to compromise the case for a total sum of Rs.1,30,000/- (Rupees One lakh thirty thousand Only), towards full and final settlement, which shall be paid as follows, The Complainant is entitled to withdraw the sum of Rs.1,00,000/-deposited by the Accused before the trial ie Rs.40,000/- on 24/03/2021 and Rs.60,000/- on 28/09/2022. The balance a sum of Rs.30,000/- shall be paid by the Accused Revision Petition on or before 20/02/2025 to the bank account of the complainant. If fine amount has deposited that has to be refunded to the accused. In default of the Accused in paying the amount as above the Complainant is at Liberty to recover the same by the issue of FLW, against the Accused as per the provisions of CrPC.”
3. Both parties have admitted the contents of the joint memo and terms and conditions thereof. The said
4 joint memo is taken on record. In view of the compromise arrived at between the parties, the offence is permitted to be compounded between the parties.
4. In terms of the joint memo, the complainant is entitled to withdraw a sum of Rs.1,00,000/- deposited by the accused before the learned Magistrate, including the interest, if any, accrued thereon. The balance amount of Rs.30,000/- shall be paid by the accused on or before 20.02.2025 to the bank account of the complainant as stated in the aforesaid joint memo. In case of default of payment of above balance amount, the complainant is at liberty to recover the same by issuing FLW to the accused as per the provisions of law.
5. In view of the settlement arrived at between the parties, the impugned judgment of conviction and
order of sentence passed by the trial Court and confirmed by the first appellate Court is set aside. The accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act. Bail bonds of the accused shall be cancelled.
5
6. In terms of the joint memo, the Criminal Revision Petition stands disposed of. Registry is directed to transmit the TCR to the trial Court forthwith.
Sd/- JUDGE
Sd/- MEMBER
Rsh ct-cmu