HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26^TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. POONACHA AND SHRI V.P. VADAVI, MEMBER CRIMINAL REVISION PETITION NO.100397/2024 LOK ADALAT NO.339/2025 BETWEEN:

SATISH S.N. S/O. NAGARAJ, AGE. 51 YEARS, OCC. ESTATE OWNER, R/O. LAXMIPURAM BADAVANE, NEAR RAILWAY GUEST HOUSE, SAKALESHPUR, HASAN-572134.

...PETITIONER (BY SRI VASANT G.HOLEYANNAVAR, ADVOCATE)

AND:

SMT. AKKAMAHADEVI A.TELI, AGE. 74 YEARS, OCC. HOUSEHOLD WORK, R/O. 5^TH CROSS KALYAN NAGAR, DHARWAD, PINCODE-580001.

…RESPONDENT (BY SRI PRAFULA NAIK, ADVOCATE)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION

397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND THE SENTENCE ORDER DATED 01.10.2024 PASSED BY THE III ADDL. DISTRICT AND SESSIONS AND SPL. JUDGE, DHARWAD IN CRIMINAL APPEAL NO.10/2024 AND CONFIRMING THE JUDGMENT AND ORDER DATED 02.01.2024 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM COURT, DHARWAD IN CC NO.2609/2023 FOR THE OFFENCE UNDER SECTION 138 OF NI ACT., AND ACQUIT THE PETITIONER/ACCUSED FOR THE PLEA AND CHARGE LEVIED AGAINST HIM AND ETC.,.

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 Learned counsel for the revision petitioner and the revision petitioner, learned counsel for the respondent are present.

2. The review petitioner is identified by his learned advocate. After prolonged negotiations, the matter is settled. The revision petitioner/accused has agreed to pay and the respondent/complainant has agreed to receive a total sum of Rs.1,50,000/- (One Lakh Fifty Thousand Rupees Only), in full and final settlement of the case. A joint Memo is filed on behalf of the parties to this effect, which reads as under:

“JOINT MEMO Herein the above named petitioner and respondent begs to file the Joint memo as under:- 1) The trail court has convicted the above petitioner u/s 138 of NI Act and imposed cheque cum fine amount of Rs.1,75,000/- and in default of payment of above amount he shall undergo 6 months simple imprisonment. Hence same was confirmed by the 1^st appellate court.

2) Hence today the petitioner/accused is present and respondent is aged lady and suffering from ill health. Hence she authorized to his advocate for compromise. Hence at the advice of elders matter is amicably settled.

3) The petitioner has deposited Rs.89,000/-

before the trial court. Hence the respondent has agreed for settlement for total amount of Rs.1,50,000/-. Hence as the petitioner is deposited Rs.89,000/-. Hence only Rs.61,000/- is remaining. 4) Hence the petitioner paying Rs.10,000/- today and remaining Rs.51,000/- is going to be paid on

15-7-2025 without fail before the trial Court.

5) Hence the petitioner and respondent has whole heartedly agreed for the compromise joint memo without any force or threat.

6) The petitioner be acquitted for charges levied and conviction of trail court be set aside. In case of failure of balance amount, the respondent is at liberty to revive the above petition.

Hence this Joint memo.”

3. The same is read over and explained to the parties, which they have admitted as true and correct. The joint memo is accepted which is found to be legal.

4. A sum of Rs.10,000/- is paid this day by way of remittance to the bank account of the respondent/complainant, which has been acknowledged by the respondent.

5. In the event the amounts are not paid in terms of the joint memo, the parties are at liberty to seek for re-opening of the present proceedings or to initiate execution proceedings for recovery of money.

6. The criminal revision petition is disposed of in terms of the joint memo. Accordingly, judgment and order of conviction is set aside.

Sd/-

JUDGE Sd/-

MEMBER MRK CT: UMD.