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.100021/2025 LOK ADALAT NO.377/2025 BETWEEN: SHASHIKANTH B. HIREMATH S/O BASLINGAPPA HIREMATH, AGE: 39 YEARS, OCC: QUARRY CONTRACTOR, R/O: RAGHAVENDRA HITNAL MLA HOUSE ROAD, HITNAL, TQ:/DIST: KOPPAL-583 207. ... PETITONER (BY SMT. RUKMINI PATIL, ADVOCATE FOR SRI. SRINIVAS B. NAIK) AND: SUBHASH CHANDRA S/O MUDUGAL HANUMANTHAPPA AGE: 47 YEARS, OCC: PROPRIETOR OF RNK FAST FOOD, R/O: NEAR TSP COLONY, 2 AMBEDKAR NAGAR, TQ: HOSAPETE, DIST: VIJAYANAGARA-583 201. … RESPONDENT (BY SRI. LINGESH KATTEMANE, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W 401 OF CR.P.C., PRAYING TO SET-ASIDE THE JUDGMENT AND ORDER DATED: 19.09.2024 PASSED IN CRIMINAL APPEAL NO.5021/2024 BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, SITTING AT HOSAPETE, IN THE INTEREST OF JUSTICE AND EQUITY AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE AND DATED: 14.02.2024 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE, IN CC NO.457/2021 CONVICTING THE PETITIONER FOR SECTION 138 OF NI ACT, AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 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: 3 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 19/09/2024 PASSED IN CRL.APPEAL NO.5021/2024, BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, SITTING AT HOSAPETE AND THE JUDGMENT DATED 14/02/2024 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE, IN CC NO.457/2021. The parties to the revision petition have settled their claim before the Lok Adalat on the following terms: The Parties have agreed to compromise the case for a total sum of Rs.5,80,000/- (Five Lakh Eighty Thousand Only), towards full and final settlement, in which the Petitioner already deposited Rs.2,50,000/- before the Trial Court and on 16.04.2025 Rs. 50,000/- and 26.04.2025 Rs. 1,80,000/- and remaining Rs.1,00,000/- amount on or before 4 20.07.2025. The respondent namely Sri. Subhash Chandra has acknowledge the same. Further, Petitioner/ Accused has no objection to release the amount in favour of the Respondent/Complainant, which is deposited before the Trial Court. 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 parties have agreed to compromise the case for a total sum of Rs.5,80,000/- towards full and final settlement, in which petitioner accused has already deposited a sum of Rs.2,50,000/- before the Trial Court, Rs.50,000/- on 16.04.2025 and Rs.1,80,000/- on 26.04.2025. Balance amount of Rs.1,00,000/- to be paid on or before 20.07.2025 and the same has been acknowledged by the respondent. 5 5. 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. 6. 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. 7. In terms of the joint memo, the Criminal Revision Petition stands disposed of. 8. Registry is directed to transmit the Trial Court Records to the concerned Court forthwith. Sd/- JUDGE Sd/- MEMBER LNN CT:BCK