Mr Ravindra Shivappa Putti vs Shri Shreeshail Madivalappa Batti
2025 Latest Caselaw 4832 Kant

Karnataka High Court

Mr Ravindra Shivappa Putti vs Shri Shreeshail Madivalappa Batti 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.100482/2024

             LOK ADALAT NO.11/2025

BETWEEN

MR. RAVINDRA SHIVAPPA PUTTI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: SAMPAGAVI, TQ: BAILHONGAL,
DIST: BELAGAVI-591125.
                                     ...PETITIONER
(BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE)

AND

SHRI. SHREESHAIL MADIVALAPPA BATTI,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O: BHAGAWAN CHALA, BAILHONGAL,
TQ. AND DIST. - BELAGAVI-591102.
                                       ...RESPONDENT

(BY SRI. SOURABH R. MIRJE, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), PRAYING TO ALLOW THIS REVISION PETITION AND SET

ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 05.06.2024 PASSED IN CRIMINAL APPEAL NO.07/2024 BY XI ADDL. SESSIONS JUDGE, BELAGAVI AND CONSEQUENTLY SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 21.12.2023 PASSED IN C.C.NO.1323/2017 BY PRL. CIVIL JUDGE AND JMFC, BAILHONGAL AND THEREBY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE P/U/SEC. 138 OF NI ACT.

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:

"This criminal revision petition is filed u/s.397 r/w 401 of Cr.P.C. against the judgment dated 05.07.2024 passed in Crl. Appeal No.07/2024 by the XI Addl. Sessions Judge, Belagavi and the judgment dated 21.12.2023 passed by the Hon'ble Prl. Civil Judge & JMFC, Bailhongal in C.C.No.1323/2017.

The parties to the revision petition have settled their claim in the Lok-adalat held on 08.03.2025 on the following terms:

1. The Parties have agreed to compromise the case for a total sum of Rs.4,90,000/- (Rupees Four Lakh Ninety Thousand Only), towards full and final settlement which shall be paid by the Petitioner/Accused to the Respondent/Complainant as follows:

(i) The petitioner/accused has already deposited Rs.1,00,000/- before the Trial Court in C.C.No.1323/2017 and respondent is permitted to withdraw the deposited amount before the Trial Court forthwith including if any interest accrued for the above said amount.

(ii) The remaining balance amount of Rs.3,90,000/- shall be paid by the accused to the Complainant through DD or Bank Account transfer in the name of respondent/ complainant Sri. Shreeshail Madivalappa Batti by intimating the complainant on or before 08.07.2025.

2. That if the petitioner/accused fails to pay the agreed amount said above the respondent/complainant is at liberty to execute the order passed by the Trial Court against the petitioner/accused as per law.

3. That on payment of the amount aforesaid the entire transaction between petitioner and respondent shall be closed and the petitioner shall be discharged of his liability and acquitted of the offence punishable U/s. 138 of the NI ACT.

4. The parties to this revision petition have set their hands to this settlement before the Lok- Adalat in the presence of Conciliators on 08.03.2025 at Dharwad."

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

respondent/complainant is entitled to withdraw a sum of

Rs.1,00,000/- deposited by the accused before the trial

Court, including the interest, if any accrued, thereon. The

balance amount of Rs.3,90,000/- shall be paid by the

accused to the complainant through Demand Draft or Bank

Account transfer in the name of respondent/complainant

Sri Shreeshail Madivalappa Batti by intimating the

complainant on or before 08.07.2025. If the petitioner/

accused fails to pay the agreed amount said above, the

respondent/complainant is at liberty to execute the order

passed by the trial Court against the petitioner/accused as

per the law. On payment of aforesaid amount, the entire

transaction between the petitioner and respondent shall be

closed and petitioner shall be discharged of his liability and

acquitted of the offence punishable under Section 138 of

the N.I.Act.

5. In view of the settlement arrived at between

the parties, the impugned Judgment of conviction and the

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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