Karnataka High Court
Sri.Vinayak Shankar Shet vs Sri. Vinayak Damodar Raikar 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.100215/2020
LOK ADALAT NO.02/2025
BETWEEN
SRI. VINAYAK SHANKAR SHET
AGED ABOUT 60 YEARS,
OCCUPATION: RETIRED TYPED IN
FOREST TIMBER DEPOT,
R/O. SIRSI ROAD,
TALUK. MUNDAGOD,
U.K. DISTRICT, PIN. 581349.
...PETITIONER
(BY SRI. VAGEESH R. HEDGE, ADVOCATE)
AND
SRI. VINAYAK DAMODAR RAIKAR
AGED ABOUT 37 YEARS,
2
OCCUPATION: CONTRACTOR AND BUSINESS
GANDHINAGAR,
TQ. MUNDAGODA,
U.K. DISTRICT, PIN. 581349.
...RESPONDENT
(BY SRI. LINGESH V. KATTIMANE, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.
397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR THE
LOWER COURT RECORDS IN CC NO.283/2009 DISPOSED
OF ON 05/09/2017 BY LEARNED I ADDITIONAL JMFC, AT
SIRSI AND IN CRIMINAL APPEAL NO.5014/2017
DISPOSED OF ON 27/10/2020 BY THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING
AT SIRSI FOR THE OFFENCE PUNISHABLE U/S. 138 OF
N.I. ACT AND TO PASS A JUDGMENT OF ACQUITTAL BY
SETTING ASIDE THE JUDGMENT OF CONVICTION DATED
05/09/2017 BY LEARNED I ADDITIONAL JMFC, SIRSI IN
CC NO.283/2009 AND WHICH WAS CONFIRMED BY THE
APPELLATE COURT I.E., 1ST ADDITIONAL DISTRICT AND
SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI BY
REVERSING THE SAME, FOR THE OFFENCE PUNISHABLE
U/S. 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:
"1. The Parties have agreed to compromise
the case for a total sum of Rs.1,45,000/- (Rupees
One Lakh Forty Five 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.1,12,000/- before the Trial Court in
CC No.283/2009 and Respondent is permitted to
withdraw the deposited amount before the Trial
Court forthwith.
ii) The Petitioner/Accused has paid by cash
of Rs.5,000/- to Respondent on 08.03.2025 and
the accused/Petitioner paid in fine amount of
Rs.5,000/- same amount transferred to
complainant/Respondent.
(III) The remaining balance amount of
Rs.23,000/- shall be paid by the Accused to the
Complainant through DD or Bank Account transfer
in the name of Respondent/complainant-Vinayak
Damodhar Raikar on or before 24.03.2025.
2. That if the Petitioner/Accused falls to pay
before as agreed 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."
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.1,12,000/- deposited by
the accused before the trial Court, including the interest, if
any, accrued thereon. Today a sum of Rs.10,000/- is paid
by the petitioner to the complainant and the remaining
sum of Rs.23,000/- shall be paid by the accused to the
bank account of the complainant or through DD 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 execute the order passed
by the trial Court against the accused as per 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
