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2025 DAILYLAW 44844 (KAR)

SMT SHANTA W/O SHRINIVAS VERNEKAR v. NIKHIL S/O SURESH DHAWALE

CRL.RP/100008/2024 · 2025-03-08

Lok Adalath

body2025

Judgment text

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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. 100008/2024 (Lok Adalat No.32/2025) BETWEEN: SMT. SHANTA W/O. SHRINIVAS VERNEKAR, AGE 39 YEARS, OCC: BUSINESS, R/O. VINAYAKNAGAR, NAVALUR, DHARWAD, A/O. BASAVARAJ RAYAPPA ALAGAWAI, INAMHONGAL VILLAGE, TQ. SAVADATTI, DIST. BELAGAVI, PIN-591126. ...PETITIONER (BY SRI. NAGESH M. BADIGER, ADVOCATE AND NIKHIL S/O. SURESH DHAWALE, AGED 31 YEARS, OCC: BUSINESS, R/O. SHANKAR NIVAS, NEAR RAYARMATH, 3RD CROSS, MALAMADDI, DHARWAD, PIN-580007. …RESPONDENT (BY SRI. R. H. ANGADI, 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 IV ADDL. DISTRICT AND SESSION JUDGE DHARWAD IN CRIMINAL APPEAL NO.91/2022 DATED 09.10.2023, CONFIRMING THE ORDER OF CONVICTION AND SENTENCE, PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD IN C.C NO.1813/2022 DATED 11.10.2022 FOR THE OFFENCE P/U/SEC.138 OF N.I ACT BY ALLOWING THIS REVISION PETITION. 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. 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.4,50,000/- (Rupees Four Lakh Fifty Thousand only) towards full and final settlement. Out of the said amount, 3. It is stated that accused/revision petitioner has deposited Rs.3,97,500/- (Rupees Three Lakh Ninety Seven Thousand Five Hundred). Out of the said amount, Rs.1,96,250/- and Rs.2,01,250/- are deposited before the trial Court on 09.11.2022 and 07.02.2024 respectively. The complainant/respondent is entitled to receive the 3 same. The complainant/respondent has stated that he has received Rs.52,500/- in cash on 08.03.2025. In terms of the joint memo, the revision petition stands disposed off. 4. The amount, if any, deposited by the accused/revision petitioner shall be released in favour of the complainant/respondent on due identification. 5. In view of the settlement arrived at between the parties, the judgment and sentence passed by the III Addl. Senior Civil Judge and CJM, Dharwad in C.C.No.1813/2022 dated 11.10.2022 for the offence punishable under Section 138 of the Negotiable Instruments Act and confirmed by the IV Addl. District and Sessions Judge, Dharwad in Criminal Appeal No.91/2022 dated 09.10.2023 are set aside and the accused/revision petitioner is acquitted of the charges punishable under Section 138 of the N.I.Act. 4 6. Registry to draw award accordingly. Sd/- JUDGE Sd/- MEMBER KGK /CT-AN