R Nagaraja S/O Late Ramaswamy vs Nataraja Reddy S/O Late, Vittala Reddy
2025 Latest Caselaw 4838 Kant

Karnataka High Court

R Nagaraja S/O Late Ramaswamy vs Nataraja Reddy S/O Late, Vittala Reddy 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.100324/2024

              LOK ADALAT NO.12/2025

BETWEEN

R. NAGARAJA S/O. LATE RAMASWAMY,
AGE 61 YEARS, OCC.-BUSINESS,
R/O. NO. 300, ODDARAHATTI CAMP,
TQ.-GANGAVATHI, DIST. KOPPAL.
                                      ...PETITIONER
(BY SRI. V.P. VADAVI, ADVOCATE)

AND

NATARAJA REDDY,
S/O. LATE VITTALA REDDY,
AGE- 35 YEARS, OCC. CONTRACTOR,
R/O. NEAR K.S.R.T.C. DEPOT,
25TH WARD, TQ.-GANGAVATHI,
DIST.-KOPPAL 583227.
                                      ...RESPONDENT

(BY SRI R. B. HALLI, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 26.10.2023 PASSED IN CC NO.354/2020 BY THE COURT OF PRL. CIVIL JUDGE AND JMFC, GANGAVATHI AND CONFIRMED BY THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING AT GANGAVATHI) IN CRL.A. NO.21/2023 DATED 29.07.2024 AND CONSEQUENTLY ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/S. 138 OF N.I. 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 29.07.2024 passed in Crl. Appeal

No.21/2023 by the Additional District and

Sessions Judge, Koppal sitting at Gangavati and

the Judgment dated 26.10.2023 passed by the

Principal Civil Judge and JMFC Court, Gangavati in

C.C.No.354/2020.

The parties to the revision petition have

settled their claim in the Lok-Adalat to be held on

08.03.2025 on the following terms :

1. 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 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.2,60,000/-deposited by

the accused in the case before the trial court

i.e., Rs.1,30,000/- on 16.12.2023 and another

sum of Rs.1,30,000/- as per the orders of the

Hon'ble High Court.

2. The sum of Rs.1,00,000/- is paid by cash

on this day to the complainant and the

complainant acknowledges the receipt of the

same.

(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/RTGS in the name of respondent/

complainant on or before 15.05.2025.

2. That if the petitioner/accused fails to pay

any installments as agreed above the

respondent/complainant is at liberty to execute

the sentence passed by the trial Court for the

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

respondent/complainant is entitled to withdraw a sum of

Rs.2,60,000/- deposited before the Trial Court on

16.12.2023 (i.e., Rs.1,30,000/-) and another sum of

Rs.1,30,000/- deposited before the High Court, including

the interest, if any accrued, thereon. The balance amount

of Rs.1,00,000/- is paid by cash on this day to the

complainant, and complainant acknowledges the receipt of

the same. Remaining amount of Rs.3,90,000/- shall be

paid by accused to the complainant through demand draft

or bank account transfer/RTGS in the name of

respondent/complainant on or before 15.05.2025. If the

petitioner/accused fails to pay any installments as agreed

above the respondent/complainant is at liberty to execute

the sentence passed by the trial Court for the balance

amount as per law.

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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