Appugouda S/O. Shivappagouda Alias ... vs Maruti S/O. Shankar Huttagi
2025 Latest Caselaw 4835 Kant

Karnataka High Court

Appugouda S/O. Shivappagouda Alias ... vs Maruti S/O. Shankar Huttagi 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.100061/2023

             LOK ADALAT NO.23/2025 .

BETWEEN


APPUGOUDA,
S/O. SHIVAPPAGOUDA @ SHIVANAGOUDA PATIL
AGE. 48 YEARS, OCC. BUSINESS,
R/O. H.NO.166, 61ST CROSS,
MURAJINAGAR, GOKUL ROAD,
HUBBALLI-580030.


                                        ...PETITIONER

(BY   SRI. H.N. HANCHINAMANI AND
      SMT. SUSHMA B. NAIK, ADVOCATES)
                              2




AND


MARUTI S/O. SHANKAR HUTTAGI
AGE. 50 YEARS, OCC. BUSINESS,
R/O. SHANTINIKETAN NIVAS,
NAVA AYODYA NAGAR,
OLD-HUBBALLI, HUBBALLI.


                                                ...RESPONDENT

(BY SRI. DINESH M. KULKARNI, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W SEC. 401 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI IN CRIMINAL APPEAL NO.5046/2022 CONFIRMING THE ORDER OF THE 3 JMFC COURT HUBBALLI IN C.C.NO. 1627/2019 DATED 30.03.2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ACQUIT THE ACCUSED.

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:

1. The Parties have agreed to compromise the case for a total sum of Rs.5,25,000/- (Rupees Five Lakh Twenty Five Thousand Only), towards full and final settlement which shall be paid by the Petitioner/Accused to the Respondent/Complainant as follows:

(i) The Complainant is entitled to withdraw the sum of Rs.2,50,000/-deposited by the Accused in the case before the JMFC III Court Hubballi in CC No.1627/2019 of Rs.2,50,000/- by receipt Q No.2233/2024-2025, dated: 21.11.2024.

(ii) The remaining balance amount of Rs.2,75,000/- shall be paid by the Accused to the Complainant through DD or Bank Account transfer in the name of Respondent/complainant by intimating the Complainant as follows:

(a) The first installment of Rs.91,000/- on or before 08.03.2025.

(b) The second installment of Rs.91,000/- on or before 09.04.2025.

(c) The third and last installment of Rs.93,000/- on or before 09.05.2025.

2. That if the Petitioner/Accused fails to pay any installments as agreed above the Respondent/Complainant is at liberty to initiate recovery proceedings against Petitioner/Accused for balance amount as per law.

3. 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 complainant is

entitled to withdraw a sum of Rs.2,50,000/- deposited by

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

any, accrued thereon. The balance amount of

Rs.2,75,000/- shall be paid by the accused to the bank

account of the complainant or through DD in three

installments as stated in the aforesaid joint memo. In case

of default of payment of above balance amount, the

complainant is at liberty to initiate recovery proceedings

as against petitioner / accused for balance amount 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