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.100215/2020 LOK ADALAT NO.02/2025 BETWEEN SRI. VINAYAK SHANKAR SHET AGED ABOUT 60 YEARS, OCCUPATION: RETIRED TYPED IN FOREST TIMBER DEPOT, R/O. SIRSI ROAD, TALUK. MUNDAGOD, U.K. DISTRICT, PIN. 581349. ...PETITIONER (BY SRI. VAGEESH R. HEDGE, ADVOCATE) AND SRI. VINAYAK DAMODAR RAIKAR AGED ABOUT 37 YEARS, 2 OCCUPATION: CONTRACTOR AND BUSINESS GANDHINAGAR, TQ. MUNDAGODA, U.K. DISTRICT, PIN. 581349. …RESPONDENT (BY SRI. LINGESH V. KATTIMANE, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR THE LOWER COURT RECORDS IN CC NO.283/2009 DISPOSED OF ON 05/09/2017 BY LEARNED I ADDITIONAL JMFC, AT SIRSI AND IN CRIMINAL APPEAL NO.5014/2017 DISPOSED OF ON 27/10/2020 BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT AND TO PASS A JUDGMENT OF ACQUITTAL BY SETTING ASIDE THE JUDGMENT OF CONVICTION DATED 05/09/2017 BY LEARNED I ADDITIONAL JMFC, SIRSI IN CC NO.283/2009 AND WHICH WAS CONFIRMED BY THE APPELLATE COURT I.E., 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI BY REVERSING THE SAME, FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. ACT. 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: “1. The Parties have agreed to compromise the case for a total sum of Rs.1,45,000/- (Rupees One Lakh Forty Five Thousand 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.1,12,000/- before the Trial Court in CC No.283/2009 and Respondent is permitted to withdraw the deposited amount before the Trial Court forthwith. ii) The Petitioner/Accused has paid by cash of Rs.5,000/- to Respondent on 08.03.2025 and the accused/Petitioner paid in fine amount of Rs.5,000/- same amount transferred to complainant/Respondent. (III) The remaining balance amount of Rs.23,000/- shall be paid by the Accused to the Complainant through DD or Bank Account transfer 4 in the name of Respondent/complainant-Vinayak Damodhar Raikar on or before 24.03.2025. 2. That if the Petitioner/Accused falls to pay before 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. 3. That on payment of the amount aforesaid the entire transaction between Petitioner and Respondent shall be closed and the petitioner shall be discharged of his liability and acquitted of the offence punishable U/s. 138 of the NI ACT.” 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.1,12,000/- deposited by the accused before the trial Court, including the interest, if any, accrued thereon. Today a sum of Rs.10,000/- is paid by the petitioner to the complainant and the remaining sum of Rs.23,000/- shall be paid by the accused to the bank account of the complainant or through DD on or 5 before 24.03.2025 as stated in the aforesaid joint memo. In case of default of payment of above balance amount, the complainant is at liberty to execute the order passed by the trial Court against the accused as per 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 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