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2025 DAILYLAW 49924 (KAR)

JOSEPH THORUS ALIAS DUJA v. IMRAN KHAN S/O SHAUKATH KHAN

CRL.RP/100185/2024 · 2025-04-26

Lok Adalath

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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 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE UMESH M ADIGA AND SMT. SHAILA BELLIKATTI, MEMBER CRL.R.P.No.100185/2024 (397) (Lok Adalat No.374/2025) BETWEEN JOSEPH THORUS ALIAS DUJA, AGE 55 YEARS, OCC: CIVIL CONTRACTOR OF BOMBAY MUNICIPAL CORPORATION, NOW PROP. OF VELANKANNI ENTERPRISES, R/O. SAKINAKA, KAHIRANI ROAD, NEAR AYYAPPA TEMPLE, CABLEWALE KA GHAR, MUMBAI. NOW AT NO.5, SAMSON SADAN, VELANKANI, GENERAL STORES, OPP: JEROME VILLA, SAKAINAKA, MUMBAI 400072. (STATE OF MAHARASHTRA). ...PETITIONER (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) AND IMRAN KHAN S/O. SHAUKATH KHAN MANIKNAGAR, AGE 34 YEARS, OCC: DRIVER, 2 R/O. 1ST CROSS, NAVA AYODHYA NAGAR, NEAR SRI. BASANAGOUDA SOCIETY, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580010. RESPONDENT (BY SRI. SANTHSH B. MANE, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE JUDGMENT AND ORDER DATED 19/10/2023 PASSED BY THE COURT F JMFC-I, HUBBALLI IN C.C.NO.232/2020 AND JUDGMENT AND ORDER DATED 25/03/2024 PASSED BY THE 1ST ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRL.A NO.5110/2023, OFFENCE PUNISHABLE UNDER SEC.138 OF N.I.ACT, AS NULL AND VOID AND TO ACQUIT THE PETITIONER BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 19/10/2023 PASSED BY THE COURT OF JMFC-I, HUBBALLI IN C.C.NO.232/2020 AND JUDGMENT AND ORDER DATED 25/03/2024 PASSED BY THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRL.A.NO.5110/2023, OFFENCE PUNISHABLE UNDER SEC.138 OF N.I. ACT. 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.4,05,000/- (Rupees Four Lakh Five Thousand only) 3 towards full and final settlement. Out of the said amount, the revision petitioner agreed to pay a sum of Rs.3,55,000/- which is already deposited before the trial Court on 17.02.2025 and the same shall be payable to the respondent. In addition to that, Rs.50,000/- in 5 monthly installments will be paid commencing from 01.05.2025. It is also agreed by the revision petitioner that he will withdraw the cases filed against the respondent in the Courts at Mumbai. In the event the amounts are not paid in terms of the joint memo, the parties are at liberty to seek for re- opening of the present proceedings or to initiate execution proceedings for recovery of money. 3. In view of the joint memo, Criminal Revision Petition is 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 order dated 19.10.2023 passed 4 by the JMFC-I, Hubballi in C.C.No.232/2020 for the offence punishable under Section 138 of the Negotiable Instruments Act and confirmed by the I Addl. District and Sessions Judge, Dharwad sitting at Hubballi in Criminal Appeal No.5110/2023 dated 25.03.2024 are set aside and the accused/revision petitioner is acquitted of the charges punishable under Section 138 of the N.I.Act. 6. Registry to draw award accordingly. Sd/- JUDGE Sd/- MEMBER KGK /CT-AN