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2025 DAILYLAW 89883 (KAR)

SMT. LOKAMMA .H v. SRI.T. MANJUNATHA

CRL.RP/149/2024 · 2025-12-13

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT: THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA & SMT. ARCHANA K M., MEMBER CRL. R.P.No.149/2024 (Lok Adalat No.7325/2025) BETWEEN: SMT. LOKAMMA H. W/O. THIPPESWAMY B.S. AGED ABOUT 51 YEARS, ASSISTANT TEACHER, GOVERNMENT PRIMARY SCHOOL, SIDDANURU THANDA, ANAGODU POST, DAVANAGERE TALUK AND DISTRICT - 577 002. ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) 2 AND: SRI. T. MANJUNATHA S/O LATE THIPPERUDRAPPA, AGED ABOUT 46 YEARS, OCCUPATION: COOK, R/O. BULLAPURA VILLAGE, ANAGODU HOBLI DAVANAGERE TALUK AND DISTRICT - 577 002. ...RESPONDENT (BY SRI. KALEEMULLAH SHARIFF., ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 13.12.2023 MADE IN C.C.NO.921/2021 BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND C.J.M. DAVANAGERE AND THE JUDGMENT AND ORDER DATED 25.10.2023 MADE IN CRL.A.NO.74/2022 BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE AND ACQUIT PETITIONER FOR THE OFFENCE WITH WHICH HE WAS CONVICTED BY THE COURTS BELOW. THIS PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER Learned counsel appearing for the petitioner/s and the learned counsel appearing for the respondent/s are present. 2. Heard the learned counsel appearing for the respective parties. 3. Learned counsel for the petitioner/s on instruction from the petitioner/s-accused and the respondent/s along with his counsel have filed the joint memo, which reads as under: “I, Sri.T.Manjunatha S/o Late Thipperudrappa, aged about 49 years, R/o Bullapura village, Anagodu Hobli, Davanagere Taluk and District, now come over to Bangalore do hereby solemnly affirm and state on oath as follows: 1.I am the respondent/complainant in the above appeal and I am aware of the facts and circumstance of the case and hence deposing as hereunder: 2. That the above criminal revision petition is filed against the Judgment and order of conviction dated 03.02.2023 made in C.C.No.921/2021 by the Court of Principal Senior Civil Judge and CJM, Davanagere and the judgment and order dated 25.10.2023 made in Crl.Appeal No.74/2022 by the Court of Principal District and Sessions Judge, Davanagere. The petitioner creaves the leave of this Hon'ble Court to read the grounds urged in the criminal revision petition as part and parcel of this affidavit to avoid the repetition of facts of the case. I submit that I am the complainant in CC.No: 921/2021, before the Court of Principal Senior Civil Judge and CJM, Davanagere. I have filed the complaint for dishonour of cheque issued by me for Rupees.5,50,000/-. The said cheque was dishonoured for the reasons 4 insufficient funds. Endorsement issued on 05.02.2021. That the Trial Court after taking consideration of material documents and evidence on the file pleased to convict the petitioner/ Accused for the offence U/s 255 (2) of Cr.P.C., and sentenced to pay Rs.6,25,000/-. Out of fine amount Rs.6,20,000/- payable to the complainant and remaining Rs.5,000/- to be appropriated to the State. I submit that against the order of conviction in CC.No:921/2021, Petitioner/ Accused preferred appeal before the Principal District and Sessions Judge, Davanagere in Cri.A. No.74/2022. That the appellate court by order dated 13.12.2023 confirmed the order of Trial Court consequently rejected the appeal. I submit that against the Judgment of Trial Court and the appellate court, Petitioner/ Accused preferred the present Revision Petition. It is given to understand while preferring the appeal the petitioner/ Accused deposited a sum of Rs.1,33,000/- on 21.03.2021. Similarly, while preferring the Revision Petition this Hon'ble Court passed the order to deposit the 50% of the fine amount including the amount already deposited before Trial Court. Order of this Hon'ble Court was complied with, by depositing Rs.1,15,000/- on 17.01.2023 before the trial Court. In Total the Petitioner /Accused has deposited a sum of Rs.2,48,000/- before the Trial Court in the manner above stated. I submit that by the intervention of the well wishers and friends we have arrived for compromise/ Settlement. Under the terms of the compromise/settlement I agreed to accept of Rs.4,00,000/- towards full and final settlement to the satisfaction of both the parties including the deposited amount before the trial Court. The terms of the Settlement entered as follows. a) That the petitioner/Accused agreed to pay Rs.4,00,000/- including the deposited amount before the trial court. Since the petitioner/accused totally deposited a sum of Rs.2,48,000/- before the trial Court, I agreed to receive Rs.1,52,000/- in cash before the 5 Hon'ble High Court and I acknowledge the receipt of the said amount towards full and final settlement. b) That I have no objection to him release the funds deposited by the petitioner/Accused before the Trial Court i.e., 1) Rs.1,33,000/- on 21.03.2021 and 2) Rs.1,15,000/- on 17.01.2023 before the trial Court, totally a sum of Rs.2,48,000/-. I submit that since the matter is compounded between us it is prayed that the order of Conviction may kindly be modified by setting aside the conviction in the interest of justice and equity." 4. In view of the joint memo, the petition stands disposed of and the petitioner-accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. In case of default of payment, the respondent-complainant is at liberty to take action in accordance with law. 5. Registry to return the records. Sd/- JUSTICE Sd/- MEMBER PHM