Karnataka High Court
Sri M S Shivakumar vs M/S Sneha Chit (R) on 9 December, 2023
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE NATIONAL LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER 2023
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE G. BASAVARAJA
&
SRI. B.S. PRASAD, MEMBER
CRL.A.No. 1009/2012
(Lok Adalat No.2335 /2023)
BETWEEN:
Sri. M S Shivakumar,
S/o Late K.N. Shivalingaiah,
Aged about 69 years,
R/o Ravi Nilaya,
Doddapete,
Madhugiri Town,
Tumkur District.
Dead by LRs
1(a) Smt Parvathamma,
W/o Shivakumar,
Aged about 53 years.
1(b) Sumangala M.S.
D/o Shivakumar,
Aged about 50 years.
1(c) Sri Raveesha M.S.
2
S/o Late Shivakumar M.S.
Aged about 40 years.
All are residing at:
Doddapete,
Madhugiri Town,
Tumkur District.
...APPELLANTS
(By Sri. G S Balagangadhar, Advocate)
AND
M/s Sneha Chit (R)
Behind Maruthi Plaza
M G Road
Tumkur
Rep by Partners
1. Sri. Srishyla Prasanna
2. Sri. C N Lokesh
RESPONDENT
(By Sri. S G Lokesh , Advocate for R1 and 2)
CRL.A FILED UNDER SECTION 378(4) OF CR.P.C BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT PASSED
BY THE P.O., FTC-V, MADHUGIRI, IN CRL.A. NO.14/2012 DATED
11.07.2012 AND TO CONFIRM THE JUDGMENT AND DECREE
PASSED BY LEARNED ADDITIONAL CIVIL JUDGE AND JMFC.,
MADHUGIRI IN CC NO. 420/2007 DATED 21.01.2012-CONVICTING
THE RESPONDENTS/ACCUSED FOR OFFENCE P/U/S.138 OF N.I
ACT.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE
NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION
ORDER IS PASSED.
3
CONCILIATION ORDER
Learned counsel for the appellant and respondent is present.
Application filed under Section 147 of N.I. Act. The contents of this
compromise petition explained to both parties to the language known
to them. Both parties have accepted the terms of the compromise
petition voluntarily, the same is lawful.
2. It is submitted by the appellant, M.S. Shivakumar that he
is representing and he has filed an application on behalf of other LRs of
the deceased appellants. Advocate also present who was got vakalath
of all the appellants. Considering the facts and circumstances of this
case, the appellant No.1, Shiv Kumar is permitted to compromise the
matter on his behalf and also on behalf of other appellants.
3. Hence, we proceed to pass the following:
ORDER
Application filed under Section 147 of N.I. Act is allowed. The
same is recorded.
The accused are acquitted for the offence punishable under
Section 138 of N.I. Act. The Order and Judgement of conviction and
Order of sentence passed by the Trial Court in CC No. 420/2007 on the
file of the Additional Civil Judge and JMFC, Madhugiri dated 21.01.2012
is set aside. The fine amount deposited by the accused shall be
released in favour of the LRs of the appellant.
Sd/-
JUDGE
Sd/-
MEMBER
RAK
FILED BEFORE LOK ADALAT
HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU
BEFORE THE HIGH COURT LOK ADALAT
(LOK ADALATH NO. 2335/2023)
BETWEEN:
Sri. M S SHIVAKUMAR DEAD BY LRS ... Appellant/s
AND:
M/S SNEHA CHIT(R) REP. BY ITS PARTNERS Respondent/s
APPLICATION U/S 147 OF NEGOTIABLE INSTRUMENT ACT
This Crl.A is filed against the Judgment passed in Crl.A No.14/2012 on the File of
the FAST TRACK V AT MADHUGIRI for confirmation of the judgment passed in CC
No.420/2007 on the file of CIVIL JUDGE (JD) JMFC MADHUGIRI, has been referred to
this LokAdalat by the Hon'ble High Court U/S.20 of the Legal Services Authorities
Act.1987. The parties have settled their claim before the Lok Adalat on the following terms:
The trail court has convicted the respondents/accused and passed judgment ordering
that accused/respondents shall under go simple impresionment for period of 3 months and
also liable to pay fine of Rs. 5,000/- and further order that the accused/respondents liable to
pay compension of Rs.89,500/- to the appellants/complainants.
Now the LR's of the appellants and respondents have settled above said matter as
herein under.
The Appellants/Complainants has agreed to receive the total fine amount of
Rs.63,000/- (Four Sixty Three thousands only) and the Respondents have agreed to pay the
Rs.63,000/- including the fine amount already deposited by the accused as full and final
settlement. The respondents have already deposited Rs.10,000/- on 08.02.2012 before the
Trail Court in C.C No.420/2007 as fine amount. The LR's of appellants have agreed to
withdrawn the said fine amount deposited by the respondents. For that
respondents/accused have no objection to withdraw the said amount.
The Accused/Respondents have agreed to pay the remaining amount of Rs.53,000/-
in three installments. The respondents/ accused have agreed to pay an amount of
Rs.20,000/- as first installment on 09.01.2024 and an amount of Rs.20,000/- as second
installments on 09.02.2024 and an amount of Rs.13,000/- as third installment on
11.03.2024.
Except the above said amount, the LR's of the appellants/complainant are not entitle
to claim any compensation amount award by the trial court.
Today the LR's of the complainant/appellants i.e. Appellant No.1(c) is only appeared
and accepted to this compromise on behalf of other LR's of the complainant/appellants
also. He has further submitted that other LR's of appellants have no objection for this
compromise and all authorized him to accept this compromise.
Wherefore, the LR's of the appellants No.1(c) and the respondents in view of the
above said compromise prays that this Hon'ble Court be pleased to set aside the order of
conviction dated 21.01.2012 passed in C.C.No.420/2007 passed by the Hon'ble Civil Judge
(JD), and JMFC, Madhugiri and be pleased to direct the Hon'ble Trial Court to release the
fine amount of Rs.10,000/- deposited on 08.02.2012 in favour of complainant/LR's of
appellants in the above case to meet the ends of justice and equity.
The parties to this appeal have set their hands to this settlement before the Lok
Adalat in the presence of Conciliators on this 09/12/2023 at Bengaluru Bench.
Sd/-
SIGNATURE OF LR's OF Sd/-
APPELLANT No.1(c) SIGNATURE OF RESPONDENTS
Sd/- Sd/-
ADVOCATE FOR LR's OF ADVOCATE FOR RESPONDENTS
APPELLANTS
