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2025 DAILYLAW 47590 (KAR)

ARATI W/O PRAVEEN HIREMATH v. VISHAL S/O BASAVARAJ HUDED

CRL.RP/100048/2021 · 2025-03-08

Lok Adalath

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. POONACHA AND SHRI SANGRAM S.KULKARNI, MEMBER CRIMINAL REVISION PETITION NO.100048/2021 LOK ADALAT NO.112/2025 BETWEEN: SMT. ARATI W/O. PRAVEEN HIREMATH, AGE. 58 YEARS, OCC. PVT. SERVICE, R/O. SANMATHI NAGAR, KELAGERI ROAD, DHARWAD-580001. ...PETITIONER (BY SRI P.G.CHIKKANARAGUND, ADVOCATE.) AND: VISHAL S/O. BASAVARAJ HUDED, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. TADAKOD ONI, DHARWAD-580105. …RESPONDENT (BY SMT. KAVITA S. JADHAV, ADVOCATE.) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 13/01/2021 IN CRL. APPEAL NO.127/2019 PASSED BY THE PRL.SESSIONS JUDGE, DHARWAD, IN CONFIRMING THE 2 JUDGMENT AND ORDER DATED 27/08/2019 IN C.C.NO.896/2015 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, DHARWAD, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 AND ACQUIT THE PETITIONER/ACCUSED IN THE INTEREST OF JUSTICE AND EQUITY. 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 Learned counsel for the revision petitioner and the revision petitioner, learned counsel for the respondent and the respondent are present. 2. The parties are identified by their respective advocates. After prolonged negotiations, the matter is settled. The revision petitioner/accused has agreed to pay and the respondent/complainant has agreed to receive a total sum of Rs.30,00,000/- (Thirty Lakh Rupees Only), in full and final settlement of the case. A joint Memo is filed on behalf of the parties to this effect, which reads as under: 3 “JOINT MEMO THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. AGAINST THE JUDGEMENT DATED 13.01.2021 PASSED IN CRL.APPEAL NO.127/2019, BY THE PRL. SESSIONS JUDGE DHARWAD AND THE JUDGMENT, DATED 27.08.2019 PASSED BY THE Learned 1ST ADDL J.M.F.C DHARWAD IN CC NO.896/2015. The parties to the revision petition have settled their claim in the Lok Adalat held on 08.03.2025 on the following terms: 1. The Parties have agreed to compromise the case for a total sum of Rs.30,00,000/- (Rupees thirty Lakhs Only), towards full and final settlement which shall be paid by the Petitioner/Accused to the Respondent/Complainant as follows: (i) The Complainant is entitled to withdraw the sum of Rs.15,00,000/-deposited by the Accused in the case before the trial court i.e., Rs.7,50,000/-on 11/12/2019 and another Rs.7,50,000/- deposited as per the orders of the Hon'ble High Court. (ii) The remaining balance amount of Rs.15,00,000/- shall be paid by the Accused to the Complainant through DD or Bank Account transfer/RTGS in the name of Respondent/complainant by intimating the Complainant as follows: 4 (a) The first installment of Rs.2,00,000/- on or before 30.04.2025. (b) The second installment of Rs.2,00,000/- on or before 31.05.2025. (c) The third installment of Rs.2,00,000/- on or before 30.06.2025. (d) The fourth installment of Rs.3,00,000/- on or before 31.07.2025. (e) The fifth installment of Rs.3,00,000/- on or before 31.08.2025. (f) The sixth installment of Rs.3,00,000/- on or before 30.09.2025. 2. That if the Petitioner/Accused fails to pay any installments as agreed above the Respondent/Complainant is at liberty to execute the sentence passed by the trial court for the balance amount as per law. 3. 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 3. The same is read over and explained to the parties which they have admitted as true and correct. The joint memo is accepted which is found to be legal. 4. The criminal revision petition is disposed of in terms of the joint memo. Sd/- JUDGE Sd/- MEMBER CT: UMD. MRK