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.100351/2023 LOK ADALAT NO.376/2025 BETWEEN: HANUMANTAPPA S/O KALLAPPA DASAR, AGE: 40 YEARS, OCC: SERVICE, R/O: MARUTI KRUPA, NEAR SHANDIL ASHRAM, NAGASHETTY KOPPA, HUBBALLI, PIN CODE-580 023. ... PETITONER (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: CHARANJITSING S/O SWINDERSING ANAND, AGE: 50 YEARS, OCC: BUSINESS, R/O: DESHAPANDENAGAR, HUBBALLI, PIN CODE-580 029. … RESPONDENT (BY SRI. SANTOSH BIRANGI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER OF CONVICTION AND SENTENCE PASSED BY THE 1ST ADDL. DISTRICT AND SESSION JUDGE, DHARWAD, SITTING AT HUBBALLI, IN CRIMINAL APPEAL NO.5102/2022 BY ITS ORDER DATED: 09.06.2023 AND CONFIRMED THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN CC.1378/2019 DATED: 24.11.2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 IF NI ACT AND ACQUIT THE APPELLANT IN THE INTEREST OF JUSTICE. THIS CRIMINAL REVISION PETITION COMING ON FOR CONCILIATION BEFORE LOK-ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 2 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 09/06/2022 PASSED IN CRL.APPEAL NO.5102/2022 BY THE 1st ADDITIONAL DISTRICT AND SESSION JUDGE DHARWAD Seating at Hubballi AND THE JUDGMENT, DATED 24/11/2022 PASSED BY THE 1st ADDL. SENIOR CIVIL JUDGE IN CC NO. 1378/2019 dated.24/11/2022 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.3,08,000/- (Rupees Three Lakh Eight Thousand only), towards full and final settlement, which shall be paid as follows, The Respondent today received amount of Rs. 2,00,000/- and previously received amount of Rs. 1,00,000/- from the Petitioner total amount of Rs. 3,00,000/- in cash received from the Petitioner/Accused 3 The balance a sum of Rs.08,000/- Petitioner/Accused has agree to pay the respondent with in 10 days from today, if the Petitioner/Accused fails to pay the remaining balance amount of Rs. 8,000/- to respondent, the respondent is having right and liberty to re-open the matter and proceed according to the law. Therefore the parties pray to set aside THE JUDGMENT DATED 09/06/2022 PASSED IN CRL.APPEAL NO.5102/2022 BY THE 1st ADDITIONAL DISTRICT AND SESSION JUDGE DHARWAD Seating at Hubballi AND THE JUDGMENT, DATED 24/11/2022 PASSED BY THE 1st ADDL. SENIOR CIVIL JUDGE IN CC NO. 1378/2019 dated.24/11/2022, and acquit the Petitioner/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 4. In terms of the joint memo, the parties have agreed to compromise the case for a total sum of Rs.3,08,000/- towards full and final settlement. The respondent has already received a sum of Rs.3,00,000/- in cash from the petitioner – accused and the balance amount of Rs.8,000/- will be paid by the petitioner to the respondent within a period of ten days. 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. 5 8. Registry is directed to transmit the Trial Court Records to the concerned Court forthwith. Sd/- JUDGE Sd/- MEMBER LNN CT:BCK