Mahamudamiya S/O Abdulrajak ... vs Manjunath S/O Mallappa Alias
2025 Latest Caselaw 4826 Kant

Karnataka High Court

Mahamudamiya S/O Abdulrajak ... vs Manjunath S/O Mallappa Alias on 8 March, 2025

      HIGH COURT LEGAL SERVICES COMMITTEE
                DHARWAD BENCH

             BEFORE THE LOK ADALAT

        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

      DATED THIS THE 8 TH DAY OF MARCH, 2025

              CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE G. BASAVARAJA
                       AND
      SRI. PRASHANT S. KADADEVAR, MEMBER

  CRIMINAL REVISION PETITION NO.100196/2022

             LOK ADALAT NO.07/2025

BETWEEN
MAHAMUDAMIYA,
S/O. ABDULRAJAK AJEEJIMIYANAVAR,
AGE 53 YEARS, OCC.- AGRICULTURE,
R/O. TILAVALLI-581120,
TQ.- HANGAL, DIST.-HAVERI.
                                     ...PETITIONER
(BY SRI. CHETAN MUNNOLI, ADVOCATE)

AND

MANJUNATH S/O. MALLAPPA @ GIRIMALLAPPA
HARALALLI @ HALLALLI,
AGE 51 YEARS, OCC.- AGRICULTURE,
R/O. KADARAMANDALAGI-581106,
TQ.- BYADAGI, DIST.- HAVERI.
                                    ..RESPONDENT

(BY SRI NAGARAJ APPANNANAVAR, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.PC, SEEKING TO SET ASIDE THE JUDGMENT DATED 20.04.2022 PASSED IN CRL.A NO.57/2021 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR CONFIRMING THE JUDGMENT DATED 30.10.2021 IN CC.NO.5/2018 ON THE FILE OF THE CIVIL JUDGE AND JMFC, BYADAGI, WHEREIN THE MAGISTRATE HAS CONVICTED THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT BY ALLOWING THIS REVISION PETITION.

THIS CRIMINAL REVISION PETITION COMING ON FOR CONCILIATION BEFORE LOK-ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

CONCILIATION ORDER

Both parties along with their respective counsels are

present.

2. The parties have filed Joint Memo dated

08.03.2025, which reads as under:

"The Revision Petitioner and Respondent humbly submit as under:

1. The present revision petition has been filed by the Revision Petitioner challenging the judgment dated 20.04.2022 in Criminal Appeal No.57/2021 on the file of the II Addl. District and Sessions Judge, Haveri sitting at Ranebennur confirming the judgment dated 30.10.2021 in C.C No.5/2018 on the file of the Civil Judge and J.M.F.C, Byadagi.

2. It is submitted that the Accused/Petitioner had availed a hand loan of Rs.7,00,000/- from the Complainant/Respondent on 19.06.2018. For the purpose repayment of loan, the accused/petitioner had issued a cheque bearing No. 000753 dated 25.09.2017 of Rs.7,00,000/- drawn on Karnataka Vikas Grameena Bank, Tilavalli Branch. When the said cheque was presented by the complainant/ respondent for encashment, the same was dishonoured and returned with an endorsement as insufficient balance.

3. It is submitted that the complainant/ respondent filed a complaint under Section 200 of Cr.P.C., alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act. After recording sworn statement of the accused/petitioner, cognizance of the said offence was taken and C.C.No.5/2018 was registered against the accused/petitioner. After hearing the matter on 30.10.2021, the Trial Court passed the impugned judgment of conviction and order of sentence by imposing fine of Rs.9,47,800/-. Aggrieved by the said judgment and order of sentence, the accused/petitioner preferred an appeal in Crl.A.No.57/2021, wherein the Appellate Court confirmed the judgment of conviction and order of sentence passed by the Trial Court, on 20.04.2022.

4. Aggrieved by the judgments of the Courts below, the present petition has been filed. The parties have agreed to compromise the case, with the intervention of well-wishers, for a total sum of Rs.5,50,000/-(Rupees Five Lakh Fifty Thousand Only), towards full and final settlement, which shall be paid as follows:

a) The complainant/respondent is entitled to withdraw the sum of Rs.4,72,400/- (Rupees Four Lakh Seventy Two Thousand Four Hundred Only), with accrued interest (if any), deposited by the accused/petitioner before the Trial Court.

      b)    The     balance       sum     of    Rs.77,600/-
  (Rupees     Seventy         Seven       Thousand          Six

Hundred Only) shall be paid by the accused/ petitioner on or before 08.04.2025 to the complainant/respondent.

c) In addition to the settled amount referred above, the respondent is at liberty to withdraw the fine amount of Rs.5,000/-

deposited by the petitioner herein before the Trial Court.

d) In default of the accused/petitioner in paying the amount as above, the complainant/respondent is at liberty to recover the same by the issue of FLW, against the accused/petitioner in accordance with law.

5. The personal bond executed by the accused/petitioner for a sum of Rs.1,00,000/- with one surety, pursuant to the Interim Order dated 22.06.2022 passed by this Hon'ble Court shall be cancelled.

6. The contents of this joint memo have been read over to the parties and they have signed the same out of their free will and without any coercion or under any undue influence.

Wherefore, this Hon'ble Court may be pleased to compound the offence and acquit the Accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, by setting aside the judgment dated 20.04.2022 in Criminal Appeal No.57/2021 on the file of the II Addl. District and Sessions Judge, Haveri sitting at Ranebennur confirming the judgment dated 30.10.2021 in C.C.No.5/2018 on the file of the Civil Judge and J.M.F.C, Byadagi., in the interest of justice and equity."

3. Both parties have admitted the contents of the

Joint Memo and terms and conditions thereof. The said

joint memo is taken on record. In view of the compromise

arrived at between the parties, the offence is permitted to

be compounded between the parties.

4. In terms of the joint memo, the complainant is

entitled to withdraw a sum of Rs.4,72,400/- deposited by

the accused before the trial Court, including the interest, if

any, accrued thereon. The balance amount of Rs.77,600/-

shall be paid by the accused to the complainant on or

before 08.04.2025 as stated in the aforesaid joint memo.

In case of default of payment of above balance amount,

the complainant is at liberty to recover the same by

issuing FLW to the accused as per the provisions of law.

Respondent is also at liberty to withdraw the fine amount

of Rs.5,000/- deposited by the petitioner/accused before

the trial Court.

5. In view of the settlement arrived at between

the parties, the impugned judgment of conviction and

order of sentence passed by the trial Court and confirmed

by the first appellate Court is set aside. The accused is

acquitted for the offence punishable under Section 138 of

the Negotiable Instruments Act. Bail bond of the accused

shall be cancelled.

6. In terms of the joint memo, the Criminal

Revision Petition stands disposed of.

7. Registry is directed to transmit the TCRs to the

trial Court as well as the first appellate Court forthwith

along with copy of this order.

Sd/-

JUDGE

Sd/-

MEMBER

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