Karnataka High Court
Umesh S/O Yallappa Pujari vs Smt. Renuka Suresh Kammar 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.100300/2022
LOK ADALAT NO.03/2025
BETWEEN
UMESH S/O. YALLAPPA PUJARI
AGED 42 YEARS, OCC. BUSINESS,
R/O. CHIBBALAGERI, TATVANAGI,
TQ. HALIYAL,
DISTRICT. UTTARA KANNADA-581301
...PETITIONER
(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE)
2
AND
SMT. RENUKA SURESH KAMMAR,
AGE. 37 YEARS, OCC. COOLIE,
R/O. BASAVARAJ GALLI,
TQ. HALIYAL,
DISTRICT. UTTARA KANNADA-581301.
...RESPONDENT
(BY SRI. T.R. PATIL, ADVOCATE )
THIS CRIMINAL REVISION PETITION IS FILED
U/SEC. 397(1) R/W. 401 OF CR.P.C. SEEKING TO SET
ASIDE THE JUDGMENT AND SENTENCED DATED
24.02.2021 PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC, HALIYAL IN C.C.NO.10/2019 AND THE JUDGMENT
AND SENTENCE PASSED BY THE I ADDL. DISTRICT AND
SESSIONS JUDGE, U.K., KARWAR SITTING AT SIRSI, IN
CRIMINAL APPEAL NO.5013/2021, DATED 08.07.2022
CONFIRMING THE SENTENCE PASSED BY THE TRIAL
COURT AND ALLOW THE REVISION PETITION AND
ACQUIT THE PETITIONER OR ACCUSED FOR THE OFFENCE
PUNISHABLE U/SEC. 138 OF N.I. ACT.
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.1,30,000/- (Rupees One
lakh thirty thousand Only), towards full and final
settlement, which shall be paid as follows,
The Complainant is entitled to withdraw the
sum of Rs.1,00,000/-deposited by the Accused
before the trial ie Rs.40,000/- on 24/03/2021 and
Rs.60,000/- on 28/09/2022.
The balance a sum of Rs.30,000/- shall be
paid by the Accused Revision Petition on or before
20/02/2025 to the bank account of the
complainant. If fine amount has deposited that has
to be refunded to the accused.
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 CrPC."
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.1,00,000/- deposited by
the accused before the learned Magistrate, including the
interest, if any, accrued thereon. The balance amount of
Rs.30,000/- shall be paid by the accused on or before
20.02.2025 to the bank account of the complainant 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
