Nijalingayya vs M/S Navaratna Finance And Leasing
2021 Latest Caselaw 6445 Kant

        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

   DATED THIS THE 18TH DAY OF DECEMBER 2021

                     BEFORE

       THE HON'BLE MR. JUSTICE H.P.SANDESH

 CRIMINAL REVISION PETITION No.200094/2021
        (LOK ADALATH No.1042/2021)

BETWEEN:

SRI NIJALINGAYYA
S/O LATE ANVEERAYYA SWAMI
AGE: 48 YEARS, OCC: NIL
R/O NEAR RAILWAY STATION
STATION GANGAPUR IVLLAGE
TQ: AFZALPUR
DIST: KALABURAGI - 585 213.
                                      ...PETITIONER
(BY SRI MAHANTESH H DESAI AND
 SRI SANTHOSH S.K ADVOCATES)

AND:

M/S NAVARATNA FINANCE & LEASING
THROUGH ITS MANAGING PARTNER
SRIKANTH S SHETTY
R/O KALABURAGI - 585 105.
                                       ...RESPONDENT

(BY SRI.S.B.JOSHI AND SRI G.B.YADAV, ADVOCATES) THIS CRL.R.P. FILED U/SEC.397 R/W SEC. 401 OF CR.P.C, BY THE REVISION PETITIONER PRAYING TO SET ASIDE THE ORDER PASSED BY THE CIVIL JUDGE AND JMFC AT AFZALPUR IN C.C.NO.134/2015 DATED 30.10.2019 AND THE JUDGMENT PASSED IN CRL.A.NO.88/2019 BY THE III ADDL. DIST. AND

SESSIONS JUDGE AT KALABURAGI DATED 07.04.2021 FOR THE OFFENCE UNDER SEC.138 OF N.I. ACT AND ETC.

THIS PETITION COMING ON FOR CONCILIATION BEFORE LOK-ADALATH THIS DAY, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER

Both the parties are present with their respective

counsel and also filed an application under Section 320 of

Cr.P.C., read with Section 147 of N.I. Act.

2. Parties have filed the joint memo agreeing to

pay the amount of Rs.1,45,000/- other than the deposit of

fine made before the Trial Court. Out of the settlement

amount of Rs.1,45,000/-, the petitioner has already paid

an amount of Rs.42,000/- and today, before this Court, he

has paid the amount of Rs.33,000/- and in total

Rs.75,000/- was paid to the respondent. The petitioner

further agreed to pay the balance amount of Rs.70,000/-

within a period of one month by way of DD or cash.

3. The joint memo is accepted subject to the

payment of Rs.70,000/- within a period of one month from

today and in default, he shall undergo simple

imprisonment of six months as already imposed by the

Trial Court.

4. In view of the settlement arrived between the

parties in terms of the joint memo, the application filed

under Section 320 of Cr.P.C., read with Section 147 of N.I.

Act is allowed and the petition is disposed of. The

respondent is at liberty to withdraw the amount which is

already deposited before the Trial Court.

Sd/-

JUDGE

Sd/-

MEMBER

SAN