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.100220/2022 LOK ADALAT NO.06/2025. BETWEEN SHRI UMESH S/O. MAJUKAR NEVAGIRI AGE. 46 YEARS, OCC. GOVT. SERVICE, R/O. 8TH CROSS, BHAGYA NAGAR, BELAGAVI-590006. ...PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE) AND SHRI PRAKASH, S/O. SOHANRAJ KAVEDIYA (JAIN) AGE. 65 YEARS, OCC. BUSINESS, R/O. SHOP NO.1705, 2 SIDDARAMESHWAR BUILDING, RAMDEV GALLI, BELAGAVI-590005 …RESPONDENT (BY SRI. R.V. ITAGI, ADVOCATE ) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS OF THE CASE BEARING C.C. NO.550/2018 FROM THE COURT OF THE VII JMFC COURT, BELAGAVI AND THE RECORDS OF CRIMINAL APPEAL NO.138/2019 FROM THE COURT OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, AND ALLOW THE PRESENT REVISION PETITION AND SET ASIDE THE JUDGMENT DATED 30.05.2022 IN CRIMINAL APPEAL NO.138/2019 PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, AND ALSO SET ASIDE THE JUDGMENT AND SENTENCE DATED 08.04.2019 PASSED BY THE VII JMFC COURT, BELAGAVI IN C.C. NO.550/2018 FOR OFFENCE U/S. 138 OF N.I. ACT AND SET THE PETITIONER/ACCUSED AT LIBERTY. 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.7,50,000/- (Rupees Seven lakh Fifty thousand Only), towards full and final settlement, including the sum of Rs.2,40,000/- which was deposited by the accused and already withdrawn by the complainant. The balance shall be paid as follows. The Complainant is entitled to withdraw the sum of Rs.1,60,000/-Rupees Only), deposited by the Accused before the Trail court. The balance a sum of Rs.3,50,000/- shall be paid by the Accused Revision Petition within four months from today i.e. Rs.87,500/- per month payable by 30th of every month. The first installment shall be payable on or before 31/03/2025. and the last installment shall be payable on or before 30/06/2025. 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 Cr.P.C.” 4 3. Both parties have admitted the contents of the joint memo and terms and conditions thereof. The said 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.1,60,000/- deposited by the accused before the trial Court, including the interest, if any, accrued thereon. The balance amount of Rs.3,50,000/- shall be paid by the accused within four months from today i.e., Rs.87,500/- per month payable by 30th of every month. The first installment shall be payable on or before 31.03.2025 and the last installment shall be payable on or before 30.06.2025 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 5 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. 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