HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND SRI. K. ARVIND KAMATH, MEMBER Crl. R. P No. 1208/2016 (Lok Adalat No. 3809/2019) BETWEEN:
Smt. G. Geetha W/o Late G. Udaykumar, Aged about 53 years, Residing at No.647/B, 9th ‘D’ Main, RPC Layout, Vijayanagar 2nd Stage, Bengaluru – 560 040. ... Petitioner (By Sri P. Nehru & Associates, Advocates) AND:
Sri M. Chockalingam, S/o M.C. Manickam, Aged about 60 years, Flat No.B-2, Kirthi Apartments, 8th Cross, II Main, Prashanthnagar, Bangalore – 560 079. .. Respondent THIS CRL. REVISION PETITION IS FILED U/S 397(1) R/W. 401 CR.P.C. TO SET ASIDE THE ENTIRE IMPUGNED ORDER AND JUDGMENT PASSED BY THE XXII ACMM AND XXIV ADDL. SMALL CAUSES JUDGE, BANGALORE IN C.C.NO.23967/2007 DATED 25.01.2014 AND THE ORDER DATED 05.08.2016 PASSED BY THE LI ADDL. CITY CIVIL AND S.J. (CCH-52), BANGALORE IN CRL.A.NO.104/2014.
THIS CRL. REVISION PETTIION COMING ON FOR CONCILIATION BEFORE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The petitioner and respondent are present. They have filed a Joint Memo U/s. 149 of Negotiable Instrument Act read with Section 320(1) of Cr.PC. As per the contents of Joint Memo, the petitioner has already deposited the sum of Rs.5,54,500/- before the trial court. The parties have compromised the matter and in view of the compromise, the respondent (complainant before the trial court) has agreed to receive the above sum of Rs.5,54,500/- in full and final settlement and give up the rest of the claim.
2. Therefore, in view of the said compromise, the sentence passed in C.C.No.23967/2007 as affirmed in Crl.Appeal No.104/2014 dated 05/08/2016 are hereby set aside and the petitioner (accused before the trial court) is ordered to be acquitted for the offence punishable under Section 138 of N.I. Act in C.C. No.23967/2007 on the file of 22nd ACMM, Bengaluru.
3. The trial court is directed to make payment of the sum of Rs.5,54,500/- lying in judicial deposit before the trial court in CC No.23967 of 2007 to the respondent/complainant viz Sri.M.Chockalingam.
Sd/- JUDGE Sd/- MEMBER *mkm FILED BEFORE LOKADALAT IN THE HIGH COURT OF THE KARNATAKA AT BANGALORE CRL. RP. 1208/2016 (LOK ADALAT NO. 3809/2019) BETWEEN RANK OF PARTIES In the High Court Session Court Trial Court Smt. G. GEETHA…. Peitioner Appellant Accused AND Sri. M. CHOCKLINGAMA…. Respondent Respondent Complainnant JOINT MEMO (U/S 149 of Negotiable Instrument Act R/W section 320(1) Cr.P.C) The Respondent and Petitioner submit that they have amicably settled the above case/matter as per the terms and conditions as follows:-
1. The Petitioner/Accused submits that as per the orders of the 1st Appellate Court, she has deposited the sum of Rs.2,21,800/- (Rupees Two Lakh Twenty One Thousand and Eight Hundred Only) before the Trail Court in CC No.23967/07 vide DD bearing No.624610 dated.11.03.2014, Corporation Bank, Bangalore and the aforesaid sum is still lying in judicial deposit.
2. The Petitioner/Accused submits that as per the orders pf this Hon’ble High Court of Karnataka, she has also deposited the sum of Rs.3,32,700/- (Rupees Three Lakh Thirty Two Thousand and Seven 2/-
Hundred Only) before the Trial Court in CC No.23967/07 vide DD bearing No.510771 dated 27/12/2016 drawn on ICICI Bank, Bangalore and the aforesaid sum is still lying in judicial deposit.
3. In other words the total amount deposited by the Petitioner/Accused in the Trial Court is Rs.5,54,500/- (Rupees Five Lakh Fifty Four Thousand and Five Hundred Only) which is still lying judicial deposit in the Trial Court in CC No.23967/07.
4. The Respondent/complainant herein submits that he has agreed to receive the sum of Rs.5,54,500/-(Rupees Five Lakhs Fifty Four Thousand Five Hundred Only) from the Petitioner/Accused in full and final settlement and give up the rest of the claim in the above case and the Petitioner/Accused also agrees for the same.
5. The Petitioner/Accused herein submits that she has no objections whatsoever to make payment of the aforesaid sum of Rs.5,54,500/- (Rupees Five Lakh Fifty Four Thousand and Five Hundred Only)lying in judicial as stated above to the Respondent/Complainat.
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WHEREFORE, the parties to this case pray’s that this Hon’ble Court be pleased to pass orders disposing off the above case in the above referred terms and further pass orders to make payment of the sum of Rs.5,54,500/- (Rupees Five Lakh Fifty Four Thousand and Five Hundred Only), lying in judicial deposit before the Trial Court in CC No.23967 of 2017 to the Respondent/Complainant viz. SRI. M. CHOCKALINGAM in the interest of justice.
Sentence passed by Trial Court in CC No.23967/2007 dated 25.01.2014 upheld by the First Appellant Court in Crl. A. No.104/2014 dated 5.8.2016, may be removed consequently. Accused may be accuted in terms of compromise in CC No.23967/2007 on the file of 22nd ACMM, Bengaluru, in the interest of justice.
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PETITIONER RESPONDENT Sd/- Sd/-
ADVOCATE FOR PETITIONER ADVOCARE FOR RESPONDENT BENGALURU DATED:14.12.2019