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.100060/2022 LOK ADALAT No.09/2025 BETWEEN: RAJENDRA S/O. DATTATREYA WATHARKAR, AGE 58 YEARS, OCC. EMPLOYEE OF BAGALKOT CEMENT AND INDUSTRIES BAGALKOT, R/O. KILLA GALLI, BAGALKOT-587101, TQ. AND DISTRICT -BAGALKOT. ...PETITIONER (BY SRI. N.L. BATAKURKI, ADVOCATE) AND: MALIKASAB S/O. AMINASAB BANADAR, AGE. 70 YEARS OCC. RETIRED EMPLOYEE OF BAGALKOT CEMENT AND INDUSTRIES BAGALKOT, R/O. SIDRAMESHWAR BADAWANE, GADDANKERI-587102, TQ AND DIST. BAGALKOT. …RESPONDENT (BY SRI. S.C. HIREMATH, ADVOCATE) 2 THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W 401 OF CR.P.C., SEEKING TO ADMIT THE PETITION AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 28.12.2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN CRIMINAL APPEAL NO.25/2020 CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, BAGALKOT IN C.C.NO.2089/2016 DATED 28.01.2020 SENTENCING THE PETITIONER TO PAY FINE OF RS.2,05,000/- IN DEFAULT OF PAYMENT OF FINE HE SHALL UNDERGO SIMPLE IMPRISONMENT FOR PERIOD OF ONE YEAR FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT AND OUT OF FINE AMOUNT RS.2,00,000/- TO BE PAID AS COMPENSATION TO RESPONDENT HEREIN AND ACQUIT THE PETITIONER HEREIN THIS CRIMINAL REVISION PETITION COMING ON FOR CONCILIATION BEFORE LOK-ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 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: “This criminal revision petition is filed u/s.397 r/w 401 of Cr.P.C. against the Judgment dated 28.12.2021 passed in Crl. Appeal No.25/2020 by the Prl. District and Sessions Judge, Bagalakote and the Judgment and order dated 28.01.2020 passed by the Prl. Civil Judge and JMFC, Bagalakote in C.C.No.2089/2016. 3 The parties to the revision petition have settled their claim in the pre-conciliation held on 18.02.2025 in pursuance of the Lok-Adalat to be held on 08.03.2025 on the following terms: 1. The Parties have agreed to compromise the case for a total sum of Rs.2,00,000/- (Rupees Two Lakh Only), towards full and final settlement which shall be paid by the petitioner/accused to the Respondent/Complainant as follows: (i) The petitioner/accused has already deposited Rs.1,00,000/- before the Trial Court in C.C.No.2089/2016 and Respondent is permitted to withdraw the deposited amount before the Trial Court. (ii) The remaining balance amount of Rs.1,00,000/- shall be paid by the Accused to the Complainant through DD or Bank Account transfer in the name of respondent/ complainant on or before 20.03.2025. Now the accused has found Rs.1,00,000/- through DD No.196830 today on 08.03.2025. 2. That if the petitioner/accused fails to pay as agreed above the respondent/complainant is at liberty to execute the order passed by the Trial Court against the petitioner/accused as per law. 4 3. That on payment of the above amount of Rs.2,00,000/- the entire transaction between petitioner and respondent shall be closed and the petitioner shall be discharged of his liability towards the said loan. 4. The parties to this revision petition have set their hands to this settlement before the Lok- Adalat in the presence of Conciliators on 08.03.2025 at Dharwad. 5. Fine amount deposited by the accused and the cash security be refunded to the accused.” 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 respondent/complainant is entitled to withdraw a sum of Rs.1,00,000/- deposited by the accused before the trial Court, including the interest, if any accrued, thereon. The balance amount of Rs.1,00,000/- paid by the accused to the complainant through Demand Draft No.196830 today i.e., 08.03.2025. Fine amount and cash security deposited 5 by the accused shall be refunded to him in accordance with 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 bond of the accused shall be cancelled. 6. In terms of the Joint Memo, the Criminal Revision Petition stands disposed of. 7. Registry is directed to transmit the TCRs to the trial Court as well as the first appellate Court forthwith along with copy of this order. Sd/- JUDGE Sd/- MEMBER Ckk ct-cmu