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2025 DAILYLAW 53472 (KAR)

SEETHARAM S/O. RAMCHANDRA v. HONNURSWAMY S/O. NAGAPPA K.C.

CRL.RP/100089/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE UMESH M ADIGA AND SMT. SHAILA BELLIKATTI, MEMBER CRL.R.P.No.100089/2024 (Lok Adalat No.381/2025) BETWEEN SEETHARAM S/O. RAMCHANDRA, AGE 53 YEARS, OCC: EMPLOYEE, R/O. MOHAMMAD ALI FARHAN, I FLOOR, WARD NO.26, TEACHERS COLONY, TQ AND DIST. BALLARI-583102. ...PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND HONNURSWAMY S/O. NAGAPPA K. C., AGE 49 YEARS, OCC: SITE IN-CHARGE EMPLOYEE, R/O. D. NO.87, WARD NO.20, IST MAIN, 9TH LINK ROAD, BASAVESHWARA NAGAR, NEAR SANGMESHWAR TEMPLE, DIST. BALLARI-583102. …RESPONDENT (BY SRI. A. VEERANNA, ADVOCATE) 2 THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W. SECTION 401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS AND ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, (COMMERCIAL COURT) AT BALLARI, IN CRL.APP. NO.44/2023 VIDE ITS ORDER DATED 21.10.2023, AND THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C., AT BALLARI IN C.C. NO.386/2019, FOR OFFENCE PUNISHABLE U/S.138 OF NI ACT, VIDE ITS ORDER DATED 05.08.2023, AND ACQUIT THE REVISION PETITIONER. THE CRIMINAL REVISION PETITION BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: CONCILIATION ORDER 1. The revision petitioner and the respondent along with their respective advocates are present. 2. After prolonged negotiation, the matter is settled and the advocates appearing for both the sides have filed a joint memo stating that the petitioner has agreed to pay to the respondent a sum of Rs.7,00,000/- (Rupees Seven Lakh Only) and settle all the dispute between them and the respondent has accepted the said proposal without any objection. 3 3. The petitioner submits that he will deposit or transmit of Rs.50,416/- to the account bearing No.42745051900 belonging to the respondent on 2nd day of each month for the next six months (six installments) commencing from May-2025, which is totally Rs.3,02,500/-. He further submits that he has no objection release the entire amount in favour of the respondent, which is already deposited before the trial Court and the First Appellate Court. 4. In view of the settlement arrived at between the parties, the judgment and sentence passed by the trial Court and confirmed by the First Appellate Court stands set aside. The accused is acquitted of the offence punishable under Section 138 of the N.I. Act. 5. In the event accused defaults in making the payment, as per the joint memo, the complainant is at liberty to recover the same as per the joint memo. The joint memo shall form part of the award. 4 6. The amount in deposit before the trial Court shall be refunded the accused on due identification. 7. In terms of the joint memo, the revision petition stands disposed off. Draw award accordingly. Sd/- JUDGE Sd/- MEMBER VNP / CT-AN List No.3 / Sl.No.20