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2023 Supreme(Online)(KAR) 17734

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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,

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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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