1 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 C.M. POONACHA AND SHRI V.P. VADAVI, MEMBER CRIMINAL REVISION PETITION NO.100064/2020 LOK ADALAT NO.219/2025 C/W CRIMINAL REVISION PETITION NO.100065/2020 LOK ADALAT NO.219/2025 C/W CRIMINAL REVISION PETITION NO.100066/2020 LOK ADALAT NO.219/2025 IN CRIMINAL REVISION PETITION NO.100064/2024 BETWEEN: 1. M/S. BORKAR COLORPACKS PVT. LTD., ALANKAR BUILDING, MARTIRES DIAS ROAD, MALBHAT, MARGAO, GOA-403601. REP. BY DIRECTOR THE PETITIONER NO.3. 2. SRI. PRAMOD DAMODAR BORKAR S/O. DAMODAR BORKAR, EX-M.D. OF M/S BORKAR COLORPACKS (P), LTD., AGED ABOUT 69 YEARS, R/O. ALANKAR BUILDING, MARTIRES DIAS ROAD, MALBHAT, MARGAO, GOA-403601. 2 3. SRI. ALOK BORKAR S/O. SRI. PRAMOD DAMODAR BORKAR, AGED ABOUT 33 YEARS, DIRECTOR OF M/S. BORKAR, COLORPACKS (P), LTD. FACTORY AT, PLOT NO.P-1/A, MARGAO, INDUSTRIAL ESTATE, ST. JOSE DE AREALNESSAL, CURTORIM-403709, GOA. ..PETITIONERS (BY SRI J.S. SHETTY, ADVOCATE) AND: M/S. SUNARA PAPER AGENCIES, # 64/10, MUKAMBIKA NAGAR, P.B. ROAD, DHARWAD-580001, R/BY ITS PROPRIETOR, SRI. SHARAD S.RAJPUROHIT, AGE. 57 YEARS. …RESPONDENT (BY SRI M.S. HALLIKERI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 10.12.2019 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, IN CRIMINAL APPEAL NO.117/2019 CONFIRMING THE ORDER OF CONVICTION AND SENTENCE DATED 14.08.2019 PASSED BY THE FIRST ADDITIONAL CIVIL JUDGE AND JMFC, DHARWAD, IN C.C.NO.960/2018 CONVICTING THE PETITIONERS HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT, BY ALLOWING THIS REVISION PETITION AND ETC.,. IN CRIMINAL REVISION PETITION NO.100065/2020 BETWEEN: 1. M/S. BORKAR COLORPACKS PVT. LTD., ALANKAR BUILDING, MARTIRES DIAS ROAD, MALBHAT, MARGAO, GOA-403601. REP. BY DIRECTOR THE PETITIONER NO.3. 3 2. SRI. PRAMOD DAMODAR BORKAR S/O. DAMODAR BORKAR, EX-M.D. OF M/S BORKAR COLORPACKS (P), LTD., AGED ABOUT 69 YEARS, R/O. ALANKAR BUILDING, MARTIRES DIAS ROAD, MALBHAT, MARGAO, GOA-403601. 3. SRI. ALOK BORKAR S/O. SRI. PRAMOD DAMODAR BORKAR, AGED ABOUT 33 YEARS, DIRECTOR OF M/S. BORKAR, COLORPACKS (P), LTD. FACTORY AT, PLOT NO.P-1/A, MARGAO, INDUSTRIAL ESTATE, ST. JOSE DE AREALNESSAL, CURTORIM-403709, GOA. ..PETITIONERS (BY SRI J.S. SHETTY, ADVOCATE) AND: M/S. SUNARA PAPER AGENCIES, # 64/10, MUKAMBIKA NAGAR, P.B. ROAD, DHARWAD, R/BY ITS PROPRIETOR, SRI. SHARAD S.RAJPUROHIT, AGE. 57 YEARS, OCC. BUSINESS, R/O. MUKAMBIKA NAGAR, DHARWAD-580001. …RESPONDENT (BY SRI M.S. HALLIKERI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 10.12.2019 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, IN CRIMINAL APPEAL NO.118/2019 CONFIRMING THE ORDER OF CONVICTION AND SENTENCE DATED 14.08.2019 PASSED BY THE FIRST ADDITIONAL CIVIL JUDGE AND JMFC, DHARWAD, IN C.C.NO.959/2018 CONVICTING THE PETITIONERS HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT, BY ALLOWING THIS REVISION PETITION AND ETC.,. 4 IN CRIMINAL REVISION PETITION NO.100066/2020 BETWEEN: 1. M/S. BORKAR COLORPACKS PVT. LTD., ALANKAR BUILDING, MARTIRES DIAS ROAD, MALBHAT, MARGAO, GOA-403601. REP. BY DIRECTOR THE PETITIONER NO.3. 2. SRI. PRAMOD DAMODAR BORKAR S/O. DAMODAR BORKAR, EX-M.D. OF M/S BORKAR COLORPACKS (P), LTD., AGED ABOUT 69 YEARS, R/O. ALANKAR BUILDING, MARTIRES DIAS ROAD, MALBHAT, MARGAO, GOA-403601. 3. SRI. ALOK BORKAR S/O. SRI. PRAMOD DAMODAR BORKAR, AGED ABOUT 33 YEARS, DIRECTOR OF M/S. BORKAR, COLORPACKS (P), LTD. FACTORY AT, PLOT NO.P-1/A, MARGAO, INDUSTRIAL ESTATE, ST. JOSE DE AREALNESSAL, CURTORIM-403709, GOA. ..PETITIONERS (BY SRI J.S. SHETTY, ADVOCATE) AND: M/S. SUNARA PAPER AGENCIES, # 64/10, MUKAMBIKA NAGAR, P.B. ROAD, DHARWAD, R/BY ITS PROPRIETOR, SRI. SHARAD S.RAJPUROHIT, AGE. 57 YEARS, OCC. BUSINESS, R/O. MUKAMBIKA NAGAR, DHARWAD-580001. …RESPONDENT (BY SRI M.S. HALLIKERI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE 5 ORDER DATED 10.12.2019 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, IN CRIMINAL APPEAL NO.119/2019 CONFIRMING THE ORDER OF CONVICTION AND SENTENCE DATED 14.08.2019 PASSED BY THE FIRST ADDITIONAL CIVIL JUDGE AND JMFC, DHARWAD, IN C.C.NO.978/2018 CONVICTING THE PETITIONERS HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT, BY ALLOWING THIS REVISION PETITION AND ETC.,. THESE CRIMINAL REVISION PETITIONS 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 petitioners and the revision petitioners, 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 petitioners/accused have agreed to pay and the respondent/complainant has agreed to receive a total sum of Rs.11,90,168/- (Eleven Lakh Ninety Thousand One Hundred Sixty-Eight Rupees Only), in full and final settlement of both the cases. A joint Memo is filed on behalf of the parties to this effect, which reads as under: 6 “JOINT MEMO The petitioner and respondent respectfully submit this joint memo as under; 1. The criminal Revision petitions have been filed by the petitioner challenging the order of conviction passed in CC No.960/2018, 959/2018, 978/2018 and confirmed in criminal appeals. 2. That, during the pendency of the appeal and present revision petitions the petitioner has deposited an amount of Rs.8,30,419/-before the Hon'ble Trial Court, which has been released in favour of respondent. The Petitioner has agreed to pay the remaining balance amount of Rs.3,59,749/- (Rs. Three lakhs fifty-nine thousand seven hundred forty-nine only) on or before 30th of July 2025 to the account of respondent i.e. Sunara Paper Agencies account No. 4070278000001 Canara bank, Belur Branch Dharwad IFSC: CNRB0004070. In default the parties be at liberty to seek for reopening or seek for execution. 3. As such both parties have agreed to the compounding of the offences and setting aside the order of conviction, passed all three cases together, in the interest of justice and equity.” 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. 7 4. 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. 5. All the three criminal revision petitions are disposed of in terms of the joint memo. Accordingly, judgment and order of conviction in all the three cases are set aside. Sd/- JUDGE Sd/- MEMBER MRK CT: UMD.