Smt Vijaya W/O Suryakant Angadi vs Shri Channabasaveshwar Co-Operative
2025 Latest Caselaw 4828 Kant

Karnataka High Court

Smt Vijaya W/O Suryakant Angadi vs Shri Channabasaveshwar Co-Operative 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.100001/2024

                 LOK ADALAT NO.01/2025

BETWEEN


SMT. VIJAYA W/O. SURYAKANT ANGADI
AGE. 52 YEARS, OCC. BUSINESS,
R/O. LITTLE FLOWER SCHOOL,
SHIVAJI GALLI,
TAL. HALIYAL,
DIST. UTTAR KANNADA-581329


                                         ...PETITIONER


(BY SRI. CHETAN MUNNOLI, ADVOCATE)


AND


SHRI. CHANNABASAVESHWAR
                           2



CO-OPERATIVE CREDIT SOCIETY LTD.,
REPRESENTED BY ITS BRANCH MANAGER,
SHRI. MALLAYYA VEERAYYA SHRIGURUMATH
AGE. 63 YEARS,
R/O. BASAVANAGAR, HALIYAL,
TAL. HALIYAL, DIST. UTTARA KANNADA-581329

                                       ...RESPONDENT

(BY SRI. GIRISH S. HIREMATH, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT DATED 02.03.2023 IN CRIMINAL APPEAL NO.5065/2022 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR SITTING AT SIRSI CONFIRMING THE ORDER DATED 20.07.2022 IN C.C.NO. 27/2021 ON THE FILE OF SENIOR CIVIL JUDGE AND J.MF.C.C. HALIYAL, OF CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT AND THIS CRIMINAL REVISION PETITION BE ALLOWED.

THIS CRIMINAL REVISION PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED 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:

"1. The present revision petition has been filed by the Revision Petitioner challenging the judgment dated 02.03.2023 in Criminal Appeal No.5065/2022 on the file of the I Addl. District and Sessions Judge, Uttar Kannada, Karwar sitting, at Sirsi, confirming the order dated 20.07.2022 in C.C.No.27/2021 on the file of the Senior Civil Judge and J.M.F.C, Haliyal.

2. It is submitted that the Accused/Respondent had availed a loan of Rs.50,000/- from the Complainant/Respondent - Society on 19.06.2018. For the purpose repayment of loan, the Accused/Petitioner had issued a cheque bearing No.350532 dated 19.01.2021 of Rs.62,000/- drawn on Syndicate Bank, Haliyal Branch. When the said cheque was presented by the Complainant/Respondent for encashment, the same was dishonoured and returned with an endorsement as Wrongly delivered not drawn on us.

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 Negotiable Instruments Act. After recording sworn statement of the Accused/Petitioner, cognizance of the said offence was taken and CC No.27/2021 was registered against the Accused/Petitioner. After hearing the matter, on 20.07.2022, the Trial Court passed the impugned judgment of conviction and order of sentence. Aggrieved by the said judgment and order of sentence, the Accused/Petitioner preferred an appeal in Crl.A. No.5065/2022, wherein the Appellate Court confirmed the judgment of conviction and order of sentence passed by the Trial Court, on 02.03.2023.

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.72,000/- (Rupees Seventy Two 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.62,000/- (Rupees Sixty Two Thousand Only), with accrued interest, deposited by the Accused/Petitioner before the Trial Court.

b) The balance sum of Rs.10,000/- (Rupees Ten Thousand Only) shall be paid by the Accused/Petitioner on or before 24.03.2025 to the Complainant/ Respondent. On payment of the said amount, the Complainant/Respondent shall issue No-due certificate to the Accused/Petitioner.

c) 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/in accordance with law.

5. The personal bond executed by the Accused/Petitioner for a sum of Rs.50,000/- with one surety, pursuant to the Interim Order dated 08.01.2024 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 02.03.2023 in Criminal Appeal No.5065/2022 on the file of the I Addl. District and Sessions Judge, Uttar Kannada, Karwar sitting, at Sirsi, and the judgment of conviction and order of sentence dated 20.07.2022

in C.C No.27/2021 on the file of the Senior Civil Judge and J.M.F.C, Haliyal, and, in the interests 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.62,000/- deposited by

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

any, accrued thereon. The balance amount of Rs.10,000/-

shall be paid by the accused on or before 24.03.2025 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.

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 bonds of the accused

shall be cancelled.

6. In terms of the joint memo, the Criminal

Revision Petition stands disposed of. Registry is directed to

transmit the TCR to the trial Court forthwith.

Sd/-

JUDGE

Sd/-

MEMBER

Rsh ct-cmu