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2025 DAILYLAW 59380 (KAR)

SMT SHANTAKUMARI v. SRI GOPAL KRISHNA

CRL.RP/100263/2025 · 2025-12-13

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 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE B. MURALIDHARA PAI AND SRI PRASHANT MATHAPATI, MEMBER CRL.R.P.No.100263/2025 [397 OF CR.P.C/438 OF BNSS] (Lok Adalat No.1080/2025) BETWEEN: SMT. SHANTAKUMARI, AGED ABOUT 63 YEARS, W/O. LATE SHESHAGIRI RAO @ PULLAYYA, R/AT. HOSA SHIVAPURA VILLAGE, KOPPAL TALUK AND DISTRICT, NOW AT YEARRANAPALYA, RAMAMURTHY NAGAR, BENGALURU-560016. ...PETITIONER (BY SRI G. S. KAMBLE, ADVOCATE) 2 AND SRI GOPAL KRISHNA, AGE ABOUT 52 YEARS, S/O. BASSATTEPPA GANGAVATHI, R/AT. 1ST WARD, AGALAKERE VILLAGE, KOPPAL-583234. …RESPONDENT (BY SRI M. M. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W.401 OF CR.P.C. (438 R/W.442 OF BNSS), SEEKING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, KOPPAL IN CRL.A.NO.18/2024 DATED 29-04-2025 IN CONFIRMING THE JUDGMENT AND SENTENCE PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, KOPPAL IN C.C.NO.1646/2021 DATED 05-09-2024, FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND TO ACQUIT THE PETITIONER/ACCUSED FROM THE ABOVE CASE. THE PETITION BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER Petitioner-accused along with his counsel and respondent-complainant along with his counsel are present. 2. After prolonged negotiations, matter is settled. The parties have agreed to compromise the case for a total sum of Rs.2,90,000/- (Two lakhs Ninety thousand rupees only), towards full and final settlement of the claim which shall be paid by the petitioner/accused to the respondent- complainant as per the terms of the joint memo. A joint Memo is filed on behalf of the parties to this effect. Same is accepted and placed on record. 3. Petitioner-accused has already deposited Rs.90,000/- before the Trial Court in CC No.1646/2021 and respondent is permitted to withdraw the deposited amount before the Trial Court. 4. The remaining balance amount of Rs.2,00,000/- is paid by the accused to the complainant in 4 cash on this day and the complainant acknowledge receipt of the same. 5. The petitioner is discharged of his liability towards the said loan and he may be acquitted of the offence under Section 138 of NI Act by setting aside the judgment dated 29.04.2025 passed in Crl.A.No.18/2024 by the Addl. District and Sessions Judge, FTSC-1, at Koppal and the judgment and order dated 05.09.2024 passed by the Addl. Civil Judge and JMFC at Koppal Convicting the respondent for an offence punishable under Section 138 of NI Act in CC No.1646/2021 6. Criminal Revision Petition is disposed of in terms of joint memo. Sd/- JUDGE Sd/- MEMBER HMB CT-AN