Shri Umesh S/O Majukar Nevagiri vs Shri Prakash S/O Sohanraj Kavediya ...
2025 Latest Caselaw 4830 Kant

Karnataka High Court

Shri Umesh S/O Majukar Nevagiri vs Shri Prakash S/O Sohanraj Kavediya ... 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.100220/2022

             LOK ADALAT NO.06/2025.


BETWEEN

SHRI UMESH S/O. MAJUKAR NEVAGIRI
AGE. 46 YEARS,
OCC. GOVT. SERVICE,
R/O. 8TH CROSS, BHAGYA NAGAR,
BELAGAVI-590006.

                                      ...PETITIONER


(BY SRI. SHARAD M. PATIL, ADVOCATE)

AND

SHRI PRAKASH,
S/O. SOHANRAJ KAVEDIYA (JAIN)
AGE. 65 YEARS,
OCC. BUSINESS,
R/O. SHOP NO.1705,
                           2



SIDDARAMESHWAR BUILDING,
RAMDEV GALLI,
BELAGAVI-590005


                                       ...RESPONDENT

(BY SRI. R.V. ITAGI, ADVOCATE )

THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS OF THE CASE BEARING C.C. NO.550/2018 FROM THE COURT OF THE VII JMFC COURT, BELAGAVI AND THE RECORDS OF CRIMINAL APPEAL NO.138/2019 FROM THE COURT OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, AND ALLOW THE PRESENT REVISION PETITION AND SET ASIDE THE JUDGMENT DATED 30.05.2022 IN CRIMINAL APPEAL NO.138/2019 PASSED BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, AND ALSO SET ASIDE THE JUDGMENT AND SENTENCE DATED 08.04.2019 PASSED BY THE VII JMFC COURT, BELAGAVI IN C.C. NO.550/2018 FOR OFFENCE U/S. 138 OF N.I. ACT AND SET THE PETITIONER/ACCUSED AT LIBERTY.

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:

"The Parties have agreed to compromise the case for a total sum of Rs.7,50,000/- (Rupees Seven lakh Fifty thousand Only), towards full and final settlement, including the sum of Rs.2,40,000/- which was deposited by the accused and already withdrawn by the complainant. The balance shall be paid as follows.

The Complainant is entitled to withdraw the sum of Rs.1,60,000/-Rupees Only), deposited by the Accused before the Trail court.

The balance a sum of Rs.3,50,000/- shall be paid by the Accused Revision Petition within four months from today i.e. Rs.87,500/- per month payable by 30th of every month. The first installment shall be payable on or before 31/03/2025. and the last installment shall be payable on or before 30/06/2025.

In default of the Accused in paying the amount as above the Complainant is at Liberty to recover the same by the issue of FLW, against the Accused as per the provisions of Cr.P.C."

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.1,60,000/- deposited by

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

any, accrued thereon. The balance amount of

Rs.3,50,000/- shall be paid by the accused within four

months from today i.e., Rs.87,500/- per month payable by

30th of every month. The first installment shall be payable

on or before 31.03.2025 and the last installment shall be

payable on or before 30.06.2025 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