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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY 2023
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
&
SRI.MAHESH SHETTY, MEMBER
CRL.R.P.NO.700/2018
(Lok Adalat No.930/2023)
BETWEEN:
SRI.SYED HUSSAIN,
S/O LATE SYED HASHIM,
AGED ABOUT 41 YEARS,
R/AT NO.21/6C,
KALIYMMA; KOVIL STREET,
TRUPATHUR - 635 601,
VELLUR DISTRICT, TAMIL NADU.
...PETITIONER
(BY SMT.SHIREEN TAJ, ADVOCATE FOR
SRI.A.S.KULKARNI, ADVOCATE)
AND
SRI.SADAGOPAN RAJAMANI,
S/O LATE RAJAMANI,
AGED ABOUT 64 YEARS,
RESIDING AT NO.48/01,
MILLAR TANK BUND ROAD,
BEHIND FORTIS HOSPITAL,
CUNNINGHAM ROAD,
2
VASANTHNAGAR,
BANGALORE - 560 030.
...RESPONDENT
(BY SRI. M.V.NAVEEN REDDY, ADVOCATE )
CRL.RP FILED U/S.397 R/W 401 CR.P.C. BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED
04.06.2018 PASSED IN CRL.APPEAL NO.1361/2017, ON THE FILE OF
THE HON'BLE LXVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE CITY (CCH.NO.68), AND TO SET ASIDE THE
JUDGMENT/ORDER OF CONVICTION DATED 06.09.2017, PASSED
IN C.C.NO.25242/2016 ON THE FILE OF THE HON'BLE XV A.C.M.M.,
AT BANGALORE CITY BY ALLOWING THE ABOVE PETITIONER
BY ACQUITTING THE PETITIONER.
THIS PETITION COMING ON FOR CONCILIATION BEFORE
NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION
ORDER IS PASSED.
Both petitioner-accused and respondent-complainant along with their
respective counsel are present before the Lok Adalat.
Both parties have settled the dispute for a total sum of Rs.4,50,000/-.
It is submitted that sum of Rs.1,50,000/- is in deposit before the trial
Court. The learned Magistrate is directed to release the said amount in favour
of respondent-complainant, on proper identification from the learned counsel
for respondent-complainant.
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It is further submitted that for balance amount of Rs.3,00,000/-,
petitioner-accused has agreed to pay in two installments i.e., Rs.1,50,000/-
within a period of three months i.e., on or before 11.05.2023 and remaining
and last balance of Rs.1,50,000/-, he has agreed to pay after three months i.e.,
from the date of payment of first installment i.e., on or before 11.08.2023.
In view of the settlement arrived between the parties, petition is
disposed of and petitioner-accused is acquitted from the charges levied
against him.
Both parties submitted that they will file joint memo before the Office
of KSLSA on 13.02.2023.
Sd/-
JUDGE
Sd/-
MEMBER
GPG
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Crl. R.P.No. 700/2018
(Lok Adalat No. 930/2023)
BETWEEN :
Syed Husain.
…Petitioner
AND :
Sadagopan Rajamani.
…Respondent
JOINT MEMO
The petitioner and the respondent named above most humbly
submit as follows :-
1. This petition is filed by the petitioner – accused challenging his
conviction and order of sentence passed by the Hon’ble Trail
Court confirmed by the Hon’ble appellate Court, in convicting
the petitioner for the offence punishable under Section 138 of
the Negotiable Instruments Act regarding the cheque for a sum
of Rs. 10,000,00/- (Rupees Ten Lakhs only).
2. The petitioner and the respondent have settled their dispute
amicably before the Hon’ble Lok Adalat held at the Hon’ble
High Court of Karnataka at Bengaluru on 11.02.2023, on the
following terms and conditions:
i) The matter between the petitioner and the respondent
is mutually settled for a sum of Rs. 4,50,000/- (Rupees
Four Lakhs Fifty Thousand only);
True Copy
Sd/-
Secretary
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ii)
The respondent is at liberty to withdraw a sum of Rs.
1,50,000/- (Rupees One Lakh Fifty Thousand only)
Which is already deposited by the petitioner before the
Hon’ble Trail Court;
iii) The petitioner undertake to pay the respondent a sum of
Rs. 1,50,000/-(Rupees One Lakh Fifty Thousand only) by
way of Demand Draft on or before 11.05.2023;
iv) The petitioner undertake to pay the respondent a sum of
Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only)
by way of Demand Draft on or before 11.08.2023;
v)
The respondent – complainant has no objection for
closing the proceedings initiated by him against the
petitioner – accused for the offence punishable under
Section 138 of the Negotiable Instruments Act;
vi)
In the event of the petitioner committing default in
payment of balance amount to the respondent, then the
respondent is at liberty to take any action against the
petitioner available under law.
True Copy
Sd/-
Secretary
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3. The respondent submits that, in view of the settlement of the
matter between the petitioner and respondent before the Hon’ble
Lok Adalat, the respondent has no objection to close the
proceedings against the petitioner.
Wherefore, the petitioner and the respondent most respectfully pray
that, this Hon’ble Court may be pleased to close the proceedings
against the petitioner / Accused for the offence punishable under
Section 138 of the Negotiable Instruments Act, arising out of C.C
No. 25242/2016 on the file of the learned XV Addl. Chief
Metropolitan Magistrate, Bengaluru and Criminal Appeal No.
1361/2017 on the file of the learned Addl. City Civil and Sessions
Court, Beng
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