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 E.S. INDIRESH AND SHRI SAJID GOODWALA, MEMBER CRL.RP. No. 100048/2019 C/W CRL.RP. NO. 100049/2019 CRL.RP. NO. 100190/2019 CRL. RP. NO. 100191/2019 LOK ADALAT No.211/2025 . IN CRL.RP. No. 100048/2019 BETWEEN VISHALANAND S/O. VASANT PEDNEKAR, AGE: ABOUT 42 YEARS, OCC: BUSINESS, R/O. H.NO.212,"MADHURI NIWAS", RANICHANNAMMA NAGAR, 1ST STAGE, BELAGAVI. ...PETITIONER (BY SRI. M.M. PATIL, ADVOCATE) AND MR. ARVIND S/O. SATISH BEHAL, AGE: ABOUT 38 YEARS, OCC: BUSINESS, R/O. #204, G. SHRUTI APARTMENT, M.G. ROAD, TILAKWADI, BELAGAVI. …RESPONDENT (BY SRI. DEEPAK M. HABIB, ADVOCATE) 2 THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 02.04.2018 PASSED BY THE V-JMFC COURT, BELAGAVI, IN C.C.NO.1014/2017 (OLD NO.791/2010) AND JUDGMENT AND ORDER DATED 29.01.2019 PASSED IN CRIMINAL APPEAL NO.169/2018 BY THE XI-ADDL. DIST. & SESSIONS JUDGE, BELAGAVI AT BELAGAVI FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC. IN CRL.RP. NO. 100049/2019 BETWEEN VISHALANAND S/O. VASANT PEDNEKAR, AGE: ABOUT 42 YEARS, OCC: BUSINESS, R/O. H.NO.212,"MADHURI NIWAS", RANICHANNAMMA NAGAR, 1ST STAGE, BELAGAVI. ...PETITIONER (BY SRI. M.M. PATIL, ADVOCATE) AND MR. ARVIND S/O. SATISH BEHAL, AGE: ABOUT 38 YEARS, OCC: BUSINESS, R/O.#204,G,SHRUTI APARTMENT, M.G. ROAD, TILAKWADI, BELAGAVI. …RESPONDENT (BY SRI. DEEPAK M. HABIB, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 02.04.2018 PASSED BY THE V-JMFC COURT, BELAGAVI, IN C.C.NO.1015/2017 (OLD NO.792/2010) AND JUDGMENT AND ORDER DATED 29.01.2019 PASSED IN CRIMINAL APPEAL NO.170/2018 BY THE XI-ADDL. DIST. & SESSIONS JUDGE, BELAGAVI AT BELAGAVI FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC. IN CRL.RP. NO. 100190/2019 BETWEEN ARVIND S/O. SATISH BEHAL, AGE: 38 YEARS, OCC: BUSINESS, NOW AT S-02, HANUMAN RESIDENCY, 3 HANUMAN NAGAR, NEAR HANUMAN TEMPLE, BELAGAVI-590019, DIST: BELAGAVI. ...PETITIONER (BY SRI. DEEPAK M. HABIB, ADVOCATE) AND VISHALANAND S/O. VASANT PEDNEKAR, AGE: 42 YEARS, OCC: BUSINESS, R/O:H.NO.212, MADHURI NIWAS, RANICHANNAMMA NAGAR, 1ST STAGE, BELAGAVI, DIST: BELAGAVI. …RESPONDENT (BY SRI. M.M. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/S 397(1) READ WITH 401 OF CR.P.C. SEEKING THAT THE ORDER IMPOSING LESSER PENALTY ON THE RESPONDENT IN CRL.A.NO.169/2018 PASSED BY THE XI-ADDL. DISTRICT SESSIONS JUDGE, BELAGAVI, ON 29.01.2019 MAY BE MODIFIED AND APPROPRIATE PENALTY MAY KINDLY BE IMPOSED IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL. RP. NO. 100191/2019 BETWEEN ARVIND S/O. SATISH BEHAL, AGE: 38 YEARS, OCC: BUSINESS, NOW AT S-02, HANUMAN RESIDENCY, HANUMAN NAGAR, NEAR HANUMAN TEMPLE, BELAGAVI-590019, DIST: BELAGAVI. ...PETITIONER (BY SRI. DEEPAK M. HABIB, ADVOCATE) AND VISHALANAND S/O. VASANT PEDNEKAR, AGE: 42 YEARS, OCC: BUSINESS, R/O:H.NO.212, MADHURI NIWAS, RANICHANNAMMA NAGAR, 1ST STAGE, BELAGAVI, DIST: BELAGAVI. …RESPONDENT (BY SRI. M.M. PATIL, ADVOCATE) 4 THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. SEEKING THAT THE ORDER IMPOSING LESSER PENALTY ON THE RESPONDENT IN CRL.A.NO.170/2018 PASSED BY THE XI-ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, AT BELAGAVI ON 29.01.2019 MAY BE MODIFIED AND APPROPRIATE PENALTY MAY KINDLY BE IMPOSED IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER 1. In these petitions, the parties have filed joint memo stating that parties have settled all the four revision petitions in terms of the joint memo. 2. The petitioner and the respondent have also agreed to settle the matter for sum of Rs.4,53,500/-. Paragraphs 4 to 6 of the joint memo reads as under: “4. It is further submitted that the total amount is Rs.9,07,000/- out of that the Petitioner has already Deposited before this Hon’ble Court a Sum of Rs.4,53,500/- and the Remaining amount is Rs.4,53,500/- to be paid to the respondent/Complainant. Both the petitioner and the respondent have agreed to settle the matters for the Remaining balance amount of Rs.4,53,500/- once for all. 5 5. It is further submitted that the respondent/complainant has to withdraw the deposited amount before this Hon’ble court and the balance amount shall be paid within 2 instalments Rs.2,53,500/- (Two Lakh Fifty three Thousand five hundred) on or before 31-05-2025 and another another Rs.2,00,000/- (Two Lakhs) on or before 30-06-2025. 6. It is further submitted that the respondent/Complainant will not press the Decree Passed in Civil Suit in O.S.NO:157/2013 Passed by the IInd Addl senior Civil Judge & CJM Belgavi vide judgment and decree dated: 19-01-2019 as in the very Judgment itself it is clarified in Para-42 of the said Judgment if the Compensation is recovered or paid to the Complainant then the plaintiff is not entitled to recover the decreetal sum, for this the Plaintiff/Respondent herein bound by the same.” 3. Joint memo is taken on record. Accordingly the revision petitions are disposed of in terms of the joint memo. The judgment of conviction and order of sentence passed in CC No.1014/2017 (old CC No.791/2010) on the file of V-JMFC, Belagavi, CC No.1015/2017 (old CC No.792/2010) on the file of V- 6 JMFC, Belagavi, judgment and order dated 29.01.2019 in Criminal Appeal No.169/2018 and judgment and order dated 29.01.2019 in Criminal Appeal No.170/2018 are hereby set aside in terms of the joint memo. Sd/- JUDGE Sd/- MEMBER SH, CT:MCK