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.100442/2024 (Lok Adalat No.385/2025) BETWEEN IDRIS ABUBAKAR SARANG, AGE 44 YEARS, OCC: TEACHER, R/O. GOVT. URDHU PRIMARY SCHOOL, VANNALLI, KIMANI, TQ. KUMATA, PINCODE-581336. ...PETITIONER (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND VINAYAK SHANTARAM BHAT, AGE 53 YEARS, OCC: GOLD AND SILVER BUSINESS, R/O. HALEHARAWATTA, TQ. KUMATA, PIN-581336. RESPONDENT (BY SRI. J. S. SHETTY, ADVOCATE) 2 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 READ WITH 442 OF BNSS, SEEKING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC KUMATA IN C.C. NO.534/2018 AND THE PRL. DISTRICT AND SESSION JUDGE UTTARA KANNADA, KARWAR, IN CRL. APPEAL NO.82/2019 AND ALLOW THIS PETITION BY SETTING ASIDE JUDGMENT DATED 19.10.2024 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, IN CRL. APPEAL NO.82/2019 AND CONSEQUENTLY SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 25.02.2019 PASSED BY THE SENIOR CIVIL JUDGE AND PRL. JMFC KUMATA, IN C.C NO.534/2018 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. 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 matter is settled for Rs.2,46,000/- (Rupees two lakh fourty six thousand only) towards full and final settlement, including the amount in deposit. 3 3. Learned counsel for the petitioner submits that the petitioner has deposit an amount of Rs.1,23,000/- before the trial Court and he has further agreed to deposit the remaining amount of Rs.1,23,000/- in three equal installments i.e., Rs.40,000/- on or before 30th May 2025; Rs.40,000/- on or before 30th June 2025; & Rs.43,000/- on or before 30th July 2025 before the trial Court. 4. Out of the amount deposited by the petitioner, Rs.5,000/- is to be paid to the State and the remaining amount is to be payable to the respondent / complainant. The respondent / complainant is permitted to withdraw the amount before the trial Court on due identification. 5. 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. 6. In the event accused defaults in making the payment, as per the joint memo, the complainant is at 4 liberty to recover the same as per the joint memo. The joint memo shall form part of the award. 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.4 / Sl. No.13