HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE G BASAVARAJA AND SMT. SITALAXMI PURLI, MEMBER CRL.RP.100040/2025 LOK ADALAT NO.223/2025 BETWEEN: MARIO FRANSISCO XAVIER FERNANDES S/O LATE LUIS FERNANDES, AGE: 64 YEARS, OCC: BUSINESS, R/O: H.NO.958, SHELLIM, LOLIEM, CUNCONA, SOUTH GOA, STATE: GOA-403 702. ... PETITONER (BY SRI. SOURABH A. SONDUR, ADVOCATE) AND: SRI. GOPICHAND PRABHAKAR VERNEKAR, AGE: 55 YEARS, OCC: BUSINESS, R/O: 1909/1, SAIKATTA ROAD, KODIBAG, KARWAR, DIST: UTTARA KANNADA-581 303. … RESPONDENT (BY SRI. R.H. ANGADI, ADVOCATE) THIS CRL.R.P. IS FILED U/S. 397 R/W 401 OF CR.P.C., PRAYING TO SET-ASIDE JUDGMENT & ORDER OF CONVICTION & SENTENCE DATED 30.11.2024 PASSED IN CRL.A. NO.52/2022 ON THE FILE OF II ADDL. DISTRICT & SESSIONS JUDGE, UTTARA KANNADA, KARWAR, & SET ASIDE JUDGMENT & ORDER OF CONVICTION & SENTENCE DATED 05.04.2022 PASSED BY ADDL. CIVIL JUDGE & J.M.F.C.-II KARWAR, IN C.C. NO.184/2017 & ACQUIT THE PETITIONER FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NI ACT. 2 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 26.04.2025, which reads as under: “This Criminal Revision Petition is filed u/S.397 R/W 401 OF CR.P.C. against the judgment dated 30/11/2024 passed in Crl. Appeal No.52/2022 by the II Additional District and Session Judge, Uttara Kannada, Karwar, and the judgment, dated 05/04/2022 passed by the Addl. Civil Judge and JMFC-II Karwar, in C.C. NO.184/2017 The parties to the revision petition have settled their claim before the Lok Adalat on the following terms: 1. The Responder/Complainant has agreed to receive a sum of Rs.28,00,000/- (Twenty Eight Lakhs Only) from the Petitioner/Accused towards full and final settlement of his claim. 3 2. A sum of Rs.6,15,000/- (Six Lakhs Fifteen Thousand) has already been deposited before the Civil Judge and J.M.F.C.-II Court, Karwar and the Petitioner has kept ready with him two demand drafts bearing No. 017543 and 484542 both for a sum of Rs.2,00,000/- each totaling to a sum of Rs.4,00,000/- drawn in favour of Addl. Civil Judge and J.M.F.C.-II Court Karwar which will be deposited before the Trial Court on or before 30/04/2025. The Petitioner/Accused has no objection for the said amount i.e., Rs.10,15,000/- (Ten Lakhs Fifteen Thousand) being paid in favour of the Respondent/Complainant. 3. It is agreed between the parties that another sum of Rs.5,00,000/- (Five Lakhs) will be deposited before the Trial Court on or before 20/05/2025 and the Petitioner has no objections to release the said amount in favour of Respondent/Complainant. 4. It is agreed between the parties that remaining sum of Rs.12,85,000/- will be paid within 3 months from today i.e., on or before 26/07/2025 and the Petitioner has no objection for release of said amount in favour of Complainant/Respondent. 5. It is further agreed by Respondent/Complainant that, he will withdraw 4 the suit bearing Regular Civil Suit (RCS) No. 69/2022 on the file of Civil Judge Junior Division at Cuncona and the Respondent/Complainant has agreed to withdraw the said suit immediately on receipt of Rs.28,00,000/- in satisfaction of this compromise. 6. The Respondent/Complainant further agrees that, the said sum of Rs.28,00,000/- is paid towards full and final settlement of all his claims against the Petitioner/Accused and he has further agreed that he will not utilize the any other cheques given by the Petitioner/Accused including cheques bearing No. 034256, 034257, 034258, 034259 all drawn on HDFC Bank, Cuncona, Goa 7. It is further agreed that, if the Petitioner/Accused fails to comply with the terms and conditions of the compromise, the Respondent/Complainant is at liberty to revive the proceedings before the Hon'ble Court and shall be punished in accordance with Law. Therefore the parties pray to set aside the JUDGEMENT AND SENTENCE DATED 30/11/2024 PASSED IN CRL APPEAL NO.52/2022 BY THE II ADDITIONAL DISTRICT AND SESSION JUDGE, UTTARAKANNADA, KARWAR, AND THE JUDGMENT AND SENTENCE DATED 05/04/2022 PASSED BY THE ADDL CIVIL JUDGE AND JMFC-II KARWAR, IN 5 CC NO. 184/2017 AND acquit the accused of the offence under SECTION 138 of NI ACT. The parties to this revision petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on 26/04/2025 at Dharwad.” 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 has agreed to receive a sum of Rs.28,00,000/- from the petitioner – accused towards full and final settlement of his claim. A sum of Rs.6,15,000/- has already been deposited before the Trial Court and the Petitioner will further deposit a sum of Rs.4,00,000/- before the Trial Court on or before 30/04/2025 in favour of the Respondent/Complainant. 5. It is agreed between the parties that another sum of Rs.5,00,000/- will be deposited before the Trial Court on or before 20/05/2025 and the Petitioner has no objections to 6 release the said amount in favour of Respondent/Complainant. It is also agreed between the parties that remaining sum of Rs.12,85,000/- will be paid within 3 months from today i.e., on or before 26/07/2025 and the Petitioner has no objection for release of said amount in favour of Complainant/Respondent. 6. In the event the amount 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. 7. 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 stand cancelled. 8. In terms of the joint memo, the Criminal Revision Petition stands disposed of. 7 9. Registry is directed to transmit the Trial Court Records to the concerned Court forthwith. Sd/- JUDGE Sd/- MEMBER LNN CT:BCK