Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 44746 (KAR)

PRAVEEN S/O DAVID v. SHIVASAGAM CHITS PRIVATE LIMITED

CRL.RP/100048/2023 · 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. 100048/2023 (Lok Adalat No.22/2025) BETWEEN: PRAVEEN S/O. DAVID NELUGAL, AGE 32 YEARS, OCC: PRIVATE WORK, R/O. BASEL MISSION COMPOUND, BETAGERI, GADAG, TQ AND DIST. GADAG-582102. ...PETITIONER (BY SRI. H. N. GULARADDI, ADVOCATE) AND SHIVASANGAM CHITS PRIVATE LIMITED, ITS MANAGING DIRECTOR, MURIGEPPA S/O. BASAVANNEPPA LINGADAL, AGE 45 YEARS, OCC. DIRECTOR, R/O. P.B. ROAD NEAR CORPORATION BANK, GADAG, TQ AND DIST -582101. …RESPONDENT (BY SRI. S. G. GAJI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C, SEEKING TO SET ASIDE THE ORDER PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, GADAG IN CRIMINAL APPEAL NO.15/2020 BY ITS ORDER DATED 20.10.2022 AND CONSEQUENTLY THE ORDER OF THE SENTENCE AND CONVICTION PASSED BY THE 1ST ADDL. CIVIL JUDGE AND 1ST J.M.F.C. GADAG IN C.C.NO. 2776/2014 BY ITS ORDER DATED 26.02.2020 AND ACQUIT HIM FOR THE OFFENCES PUNISHABLE U/SEC.138 OF NI ACT. 2 THE CRIMINAL REVISION PETITION BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: CONCILIATION ORDER 1. The revision petitioner and the respondent along with their respective advocates are present. 2. Sri.S.G.Gaji, advocate has filed vakalath for the respondent along with the original resolution and the Bank has given authority to Sri.Vasantkumar Binnal, the Recovery Officer as the representative of the Bank. 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.1,97,160/- (Rupees One Lakh Ninety Seven Thousand One Hundred Sixty only) towards full and final settlement. Out of the said amount, Rs.1,25,000/- is already deposited before the Court of I JMFC, Gadag in 3 C.C.No.2776/2014 and Rs.40,000/- has been paid cash today i.e., on 08.03.2025 and payment of remaining amount of Rs.32,160/- by way of a Cheque dated 21.04.2025 bearing Cheque No.549769 is issued. The revision petitioner assures that it will be honoured from the date of presentation of the cheque. Both the parties agree with the said terms. In terms of the joint memo, the revision petition stands disposed off. 4. In view of the settlement arrived at between the parties, the judgment of conviction passed by the 1st Addl. Civil Judge and 1st J.M.F.C., Gadag in C.C.No.2776/2014 by its order dated 26.02.2020 to convict the accused for the offence punishable under Section 138 of the N.I.Act, imposing penalty of Rs.2,02,160/- confirmed by the Addl. District and Sessions Judge, Gadag in Criminal Appeal No.15/2020 by its order dated 20.10.2022 are set aside and the accused is acquitted of the 4 above said charge punishable under Section 138 of the N.I.Act. 5. In the event accused defaults in making 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. 6. The amount, if any, deposited by the petitioner shall be released in favour of the respondent on due identification. 7. Registry to draw award accordingly. Sd/- JUDGE Sd/- MEMBER KGK /CT-AN