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2025 DAILYLAW 84870 (KAR)

SMT. LALITHA D/O. MRUTUNJAY KADAKOL v. SRI NARASINHA S/O. GOPAL KULKARNI

CRL.RP/100194/2025 · 2025-12-13

Lok Adalath

body2025

Judgment text

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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.100194/2025 [397 OF CR.P.C/438 OF BNSS] (Lok Adalat No.1066/2025) BETWEEN: SMT. LALITHA D/O. MRUTUNJAY KADAKOL, AGE: 55 YEARS, OCC: TEACHER, R/O. BEHIND LAXMI TEMPLE, MAHARAJA COLONY, NEAR HUNNUR CANAL GLBC ROAD, HUNNUR, TQ. JAMKHANDI, DISTRICT: BAGALKOT, PIN-587119 ...PETITIONER (BY DR. B. B. BALLARI, ADVOCATE) AND 1. SRI NARASINHA S/O. GOPAL KULKARNI, AGE: 35 YEARS, OCC: BUSINESS, 2 R/O. GANESH NAGAR, HUNNUR VILLAGE, TQ. JAMKHANDI, DISTRICT: BAGALKOT, PIN-587119. …RESPONDENT (BY SRI VIJAYKUMAR K. KOTIN, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W.442 OF BNSS, SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCES PASSED IN CRIMINAL APPEAL NO.5020/2024 ON THE FILE OF THE HON’BLE I ADDITIONAL DISTRICT AND SESSION JUDGE, BAGALKOT TO SIT AT JAMKHANDI DATED 23.01.2025, BY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, JAMKHANDI IN C.C.NO.19/2021 DATED 28.03.2024 AND ACQUIT THE PETITIONER FOR THE ALLEGED OFFENCE. THE PETITION BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: CONCILIATION ORDER The petitioner/accused and the respondent/ complainant are present before the Lok-Adalath along with their respective counsels and filed a Joint-Memo reporting the settlement in this matter, terms of the said memo reads as under : 3 “1. The Parties have agreed to compromise the case for Rs.5,77,500/-(Five Lakhs Seventy Seven Thousand Five Hundred Only) out of Trial court ordered of Rs.6,55,000/- (Rupees Six Lakhs Fifty Five Thousand Only), towards full and final settlement which shall be paid by the Petitioner/Accused to the Respondent/ Complainant as follows: (i) That after filing of the above Revision Petition the Hon'ble High Court directed the petitioner to deposit 50% of cheque amount before the Trial Court. The Petitioner/Accused has deposited Rs.3,27,500 on 09.07.2020 before the Addl. Civil Judge & JMFC Jamkhandi in C.C.No.19/2021 and after filing application by the Respondent this Hon'ble Court has permitted to withdraw the deposited amount and the same was withdrawn by the Respondent. (ii) The remaining balance amount of Rs.3,37,500/- out of which as per the settlement made by the parties before the Pre-conciliation meeting the both the parties have agreed to settle a sum Rs.2,50,000/- as a full and final settlement and shall be paid by the Petitioner/Accused to the Respondent/ Complainant through Demand Draft in the name of Respondent/complainant by intimating the Complainant as follows: (a) The first installment of Rs.1,25,000/- on or before 13.12.2025. 4 (b) The second installment of Rs.1,25,000/- on or before 12.01.2026. 2. That if the Petitioner/Accused fails to pay any installments as agreed above the Respondent/Complainant is entitled to recover the remaining amount after deducting the amount already paid by the Petitioner/Accused by executing this award before the Trial Court by issue of NBW and or FLW against the Petitioner/Accused as per law. 3. That on payment of the amount aforesaid the entire transaction between Petitioner and Respondent shall be closed and the petitioner shall be discharged of his liability and acquitted of the offence punishable U/s. 138 of the NI ACT. 4. The parties to this Revision Petition have set their hands to this settlement before the Lok-Adalat In the presence of Conciliators on 13.12.2025 at Dharwad.” 2. On this day, the petitioner/accused has paid a sum of Rs.1,25,000/- as a first installment to the respondent/complainant by way of demand draft dated 11.12.2025 bearing No.730445 drawn in State Bank of India, Branch-Jamkhadi in favour of the respondent/complainant in terms of the compromise 5 entered into between the parties. The petitioner/accused has also agreed to pay the second installment for a sum of Rs.1,25,000/- to the respondent/complainant on or before 12.01.2026 in compliance with the terms of the compromise. 3. The parties to the petition have voluntarily entered into the compromise having understood the consequences. Hence, the following : ORDER The revision petition is disposed of in terms of the Joint Memo filed before the Lok-Adalath held on 13.12.2025. Sd/- JUDGE Sd/- MEMBER CKK/CT-AN