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2025 DAILYLAW 56250 (KAR)

YOGANARASIMHA v. K. RAMESHA

CRL.RP/1072/2022 · 2025-04-17

Lok Adalath

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MS. JUSTICE J.M. KHAZI & SRI. JAVEED S., MEMBER CRL. R.P.No. 1072/2022 (Lok Adalat No. 2686/2025) BETWEEN Yoganarasimha S/o Sri. Ganesha, Aged about 59 years, Res/at Door No.4044, 2nd Main, 9th Cross, Gandhi Nagar, Mysuru-570 007. … Petitioner. (By Mr. Krishnamoorthy D., Advocate) AND: K. Ramesha S/o Kaariyappa, Aged about 45 years, Res/at D. No.2675, 3rd Cross, K.G. Koppal, Mysuru-570 009. …Respondent (By Mr. Y.V. Prakash, Advocate) 2 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) AND 401 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO ALLOW THIS REVISION PETITION BY SETTING ASIDE THE JUDGMENT IN CRIMINAL APPEAL NO.28/2021 DATED 30.06.2022 PASSED BY THE VII ADDL. SESSIONS JUDGE AT MYSURU, WHEREIN THE APPELLATE COURT HAS DISMISSED THE APPEAL FILED BY THE PETITIONER AND HAS CONFIRMED THE ORDER OF THE TRIAL COURT IN C.C. NO.2333/2015 DATED 29.12.2020 PASSED BY PRINCIPAL 1ST CIVIL JUDGE & JMFC, MYSURU. THIS CRIMINAL REVISION PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The learned Counsel appearing for the petitioner and the respondent and the respective parties are present. 2. Perused the order dated 16.04.2025 of the Secretary, High Court Legal Services Committee. Accordingly, the matter is settled by the parties and filed an Application under Section 320 r/w Section 482 of Code of Criminal Procedure and Section 147 of Negotiable Instruments Act (Joint Memo) dated 16.04.2025 3 and submitted that at both parties have compromised the matter for a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only). The terms of the compromise by way of filing an application under Section 320 r/w Section 482 of Code of Criminal Procedure and Section 147 of Negotiable Instruments Act (Joint Memo), reads as follows : “a) That the Petitioner has filed this petition challenging the aggrieved by the Judgment in Criminal Appeal No.28/2021 dated 30.06.2022 passed by the VII Additional Sessions Judge at Mysuru, wherein the appellate court has dismissed the appeal filed by the petitioner and has confirmed the order of the trial Court in C.C. No.2333/2015 dated 29.12.2020 passed by Principal 1st Civil Judge & JMFC, Mysuru. c) During the interregnum, with the intervention of the relatives and elders of both the family of the Petitioner and Respondent, they have amicably settled the difference between themselves. Now the dispute and difference between the Petitioner and Respondent is resolved. The Petitioner agreed to Pay Rs.3,50,000/- towards full and Final Settlement to the Respondent and the respondent agreed to receive the same. The Petitioner Deposited Rs.2,00,000/- before the Trail Court in CC 2333/2015 and he has no objection to withdraw the Deposited Amount and accrued 4 interest if any by the Respondent and the Petitioner hereby pay the balance amount of Rs.1,50,000/-. Today Rs.1,00,000/- by way of Demand Draft bearing No.855445 dated 15.04.2025 issued by State Bank of India, Ittigegoodu Branch, Mysuru and Rs.50,000/- in cash. The Respondent Acknowledges the Receipt of the Same. d) The Petitioner and 2nd Respondent prays that in view of the amicably settlement between themselves and in view of the above this Hon’ble Court be allow this revision petition by setting aside the Judgment in Criminal Appeal No.28/2021 dated 30.06.2022 passed by the VII Additional Sessions Judge at Mysuru, wherein the appellate Court has dismissed the appeal filed by the petitioner and has confirmed the order of the trial Court in C.C. No.2333/2015 dated 29.12.2020 passed by Principal 1st Civil Judge & JMFC, Mysuru”. 3. In the light of the settlement arrived at between the parties, this petition is disposed of in terms of the Application under Section 320 r/w Section 482 of Code of Criminal Procedure and Section 147 of Negotiable Instruments Act 1881 (Joint Memo). The impugned Judgment dated 29.12.2020 passed in C.C. No.2333/2015 on the file of Principal 1st Civil Judge & JMFC, Mysuru and the Judgment dated 30.06.2022 passed in Crl.A. 5 No.28/2021 on the file of VII Addl. Sessions Judge at Mysuru are set aside and the petitioner/accused is acquitted from the charges punishable under Section 138 of Negotiable Instruments Act. Sd/- JUDGE Sd/- MEMBER Rbv