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 18TH DAY OF JULY 2026
BEFORE
THE HON’BLE MR. JUSTICE RAJESH RAI.K
&
SMT.SHWETHA KRISHNAPPA, MEMBER
CRL.RP.No.1965/2025 (Lok Adalat No.1700/2025)
BETWEEN
1 .
MR. SHAMSUNDAR K S/O MONAPPACHAR, AGED ABOUT 30 YEARS, R/AT OPPOSITE K.E.B, JYOTHI NAGARA, SIRA TOWN, SIRA-572137.
[[ ...PETITIONER (BY SRI. AJIT P B, ADVOCATE)
AND 1 .
MR RAMANNA S/O LATE THIMMANNA, AGED ABOUT 71 YEARS, R/AT OLD POST OFFICE, JYOTHI NAGARA, SIRA TOWN 572137
…RESPONDENT
(BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE )
Digitally signed by SHASHIREKHA K Location: High Court of Karnataka
2 THIS CRL.RP FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 28.10.2025 IN CRL.A.NO.49/2025 PASSED BY THE LEARNED VII ADDL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, AT TUMAKURU CONFIRMING THE
JUDGMENT AND SENTENCE PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC SIRA, IN C.C.NO.3955/2022 DATED 26.05.2025 AND ETC.,
THIS PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
Case called out for Lok Adalath.
2. Both the parties are present before the Lok Adalath.
3. They have filed a joint memo and both the counsels and the respective parties are present, and they identified the signature of both the parties, i.e., petitioner and the respondent.
4. The joint memo reads thus: The Petitioner and Respondent above named respectfully submit as follows
1. The present Criminal Revision Petition is filed by the Petitioner seeking to set aside the Judgment dated 28.10.2025 passed by the learned VII Additional District and Sessions Judge and Special Judge at Tumakuru in Criminal Appeal No.49/2025, whereby the appeal filed by the Petitioner came to be dismissed and the Judgment and Order of Sentence dated 26.05.2025 passed by the learned
3 Principal Civil Judge and JMFC, Shira in C.C.No.3955/2022 came to be confirmed.
2. It is submitted that during the pendency of the above revision petition, with the intervention of elders and well-wishers, the parties have amicably settled the dispute out of their own free will and volition and have agreed to resolve the matter on the following terms and conditions.
3. It is submitted that the cheque amount involved in C.C.No.3955/2022 is Rs.11,34,000/-. The learned Principal Civil Judge and JMFC, Shira, by
Judgment and Order of Sentence dated 26.05.2025, convicted the Petitioner/Accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to pay a fine of Rs.14,00,000/-, in default of payment of fine, to undergo simple imprisonment for a period of two years. Out of the said fine amount, a sum of Rs.13,60,000/- was ordered to be paid to the Respondent/Complainant as compensation under Section 357 of the Code of Criminal Procedure and the remaining sum of Rs.40,000/- was ordered to be remitted to the State. The said Judgment and Order of Sentence was confirmed by the learned VII Additional District and Sessions Judge and Special Judge at Tumakuru in Criminal Appeal No.49/2025 by Judgment dated 28.10.2025. 4. The parties have now agreed to settle the matter by restricting the claim of the Respondent/Complainant to the cheque amount of Rs.11,34,000/. The Petitioner has further agreed to pay an additional sum of Rs.30,000/-, which shall be paid along with the fourth and final installment. It is agreed that the Respondent shall not claim any amount over and above the cheque amount except the aforesaid sum of Rs.30,000/- agreed under this settlement. 4
5. It is hereby acknowledged and confirmed by Respondent/Complainant that the Petitioner/Accused has already deposited a sum of Rs.6,80,000/- before the learned Principal Civil Judge and JMFC, Shira, in C.C.No.3955/2022. It is further acknowledged that the Petitioner has already deposited the fine amount of Rs.40,000/- payable to the State before the very same Court. This Hon'ble Court may be pleased to direct the learned Principal Civil Judge and JMFC, Shira, in C.C.No.3955/2022 to permit the Petitioner/Accused to withdraw the fine amount paid to the state i.e., Rs. 40,000/-. 6. After giving credit to the amount already deposited, the balance amount payable to the Respondent/Complainant together with the agreed additional amount of Rs.30,000/- shall be paid by the Petitioner in four installments commencing from 01.08.2026, as detailed below:
Sl. No. Due date Amount 1 On 01.11.2026 Rs.1,13,500/- 2 On 01.02.2027 Rs.1,13,500/- 3 On 01.05.2027 Rs.1,13,500/- 4 On 01.08.2027 Rs.1,13,500+Rs.30,000/- In total Rs. 1,43,500/-
7. It is agreed that upon payment of the aforesaid amounts, the dispute between the parties arising out of C.C. No.3955/2022 shall stand fully and finally settled. 8.
It is further agreed that in the event of default in payment of any of the installments as stipulated above, the Respondent/Complainant shall be at
5 liberty to approach the learned Principal Civil Judge and JMFC, Shira, in C.C. No.3955/2022, for issuance of Fine Levy Warrant (FLW), Non- Bailable Warrant (NBW) or such other process as may be available in law for enforcement of the Judgment and Order of Sentence. 9. Wherefore, the parties respectfully pray that this Hon'ble Court may be pleased to dispose of the above Criminal Revision Petition in terms of the Joint Memo and pass such other order or orders as this Hon’ble Court deems fit in the interest of justice and equity. 5. Placing reliance on the Joint Memo filed by the parties, the matter stands settled. 6. In view of the joint memo filed by the parties, the conviction
order passed in C.C.No.3955/2022 dated 26.05.2025 by the Prl. Civil Judge & JMFC, SIRA, which is confirmed by the VII Addl. District & Sessions Judge, & Special Judge, Tumakuru, in Crl.A.No.49/2025 dated 28.10.2025 is hereby set aside. The accused is acquitted for the offence punishable under Section 138 of N.I.Act. In view of the judgment dated 26.05.2025 passed in C.C. No. 3955/2022 by the learned Principal Civil Judge & JMFC, Sira, having been set aside, the direction to remit Rs. 40,000/- to the State under Section 357 of the Code of Criminal Procedure is also set aside. Consequently, any amount deposited by
6 the accused/petitioner pursuant to the said judgment shall be refunded to the petitioner in accordance with law. The revision petition stands disposed of. The Registry shall transmit the TCR to the Court concerned.
Sd/- JUDGE
Sd/-
MEMBER
SRK