Venkataraju v. Umapathi P

SRI VENKATARAJU @ VENKATESH @ LAKSHMAN RAJU S/O LATE CHENNANARASHIMAIAH PROPRIETOR OF M/S. RAJU CATERERS R/AT NO.59, 2ND FLOOR 2ND CROSS, CHOWDAIAH BLOCK WARD NO.21, R T NAGAR BANGALORE- 32 M/S. RAJU CATERERS BY ITS PROP: SRI VENKATARAJU AGED ABOUT: 55 YEARS R/AT NO.59, 2ND FLOOR, 2ND CROSS CHOWDAIAH BLOCK, WARD N O.21, R T NAGAR, BANGALORE – 32 (BY SRI JAYAPRAKASH SHETTY B, ADVOCATE) ...PETITIONERS 2 AND SRI UMAPATHI S/O MUNISWAMY NAIDU AGED ABOUT 43 YEARS RESIDING AT NO.417, 1ST FLOOR, CHIKKAMARANAHALLI MATHIKERE POST, MATHIKERE POST, NEW BEL ROAD, BANGALORE : 54 …..RESPONDENT (BY SRI E M ESWARAPPA, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 09.12.2016 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH- 68) BENGALORE CITY IN CRIMINAL APPEAL NO.529/2016 THEREBY CONFIRMING THE JUDGMENT AND ORDER DATED 02.04.2016 PASSED BY THE XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.16057/2015 BY ALLOWING THE ABOVE REVISION PETITION AND ETC. THIS PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. 3 CONCILIATION ORDER The learned Counsel appearing for the petitioners and the learned Counsel appearing for the respondent are present and the respective parties are also present.

#2. Heard the learned counsel appearing for the respective parties.

#3. The petitioner and the respondent along with their respective counsel have filed the joint memo for settlement for an amount of Rs.8,00,000/-. The petitioner submits that he has already paid a sum of Rs.4,00,000/- and the same has been acknowledged by respondent. Today, petitioner has paid a sum of Rs.2,00,000/- by way of cash and the receipt of cash is acknowledged by the respondent. For remaining amount of Rs.2,00,000/-, the petitioner has paid post dated cheque bearing No.831711 dated 26.12.2024 before the Court. If petitioner fails to honour the said cheque on 26.12.2024, this Crl.R.P. will be revived for consideration on merits.

#4. In view of the compromise entered between the parties, this revision petition is closed and the petitioner is acquitted for the offence punishable under Section 138 of N.I. Act. 4

#5. The learned counsel for the petitioner submits that fine amount is already deposited before the concerned Court. The said submission is taken on record. Sd/- JUDGE Sd/- MEMBER SN 5 IN THE HIGH COURT OF KARNATAKA AT BENGALURU Crl. RP No.629 OF 2019 (Lok Adalat No.3315/2024) Between : Venkataraju And Umapathi P … Appellant … Respondent JOINT MEMO FOR SETTLMENT The above named petitioner and respondent beg to submit as follows:

#1. The respondent has filed the CC no.1607 of 2015 before the XXIInd ACMM court for the alleged offence under Section 138 of N.I.Act for a sum of Rs.6 lacs and the Learned Magistrate was pleased to convict the petitioner for the double the cheque amount by its order dated 2/4/2016. Further, the court below sentenced to pay fine of Rs.3000/- and in default of payment of the fine amount, he shall undergo a simple imprisonment of two years.

#2. It is submitted that the during the course of the pendency of this case, both the party amicably settled outside this Hon’ble court. In terms of the settlement arrived between the petitioner and the respondent for a sum of Rs.8 lacs, which is the full and final settlement. In pursuance with ________________________________________________________ Sd/- Petitioner Sd/- Respondent True Copy Sd/- Secretary 6 this, the petitioner has already paid a sum of Rs.2 lacs by way of cash on 9/3/2018 and sum of Rs.2 lacs by way of Demand draft dated 25/11/2024 issued by the IDBI Bank, Gandhinagar Branch, Bangalore, before the Hon’ble court. The petitioner has paid a sum of Rs.2 lacs by way of cash today before the Lokadalat and the remaining Rs.2 lacs by way of cheque bearing no.831711 dated 26/12/2024. The cheque is accepted by the complainant subject to realization.

#3. In view of this, the respondent submits that he will not claim from the petitioner at any point of time. Further, respondent submits that he does not have any other cheques other than the cheque in question. Further, the respondent hereby states that, if he has any other cheques without his knowledge, in the event, he will not file any case against the petitioner or his representatives future. Under circumstances, it is just and necessary to close the above case as it is settled between the parties and acquit the petitioner. Therefore, it is prayed that this Hon’ble court may be pleased to acquit the petitioner as it is settled between the parties, in the interest of justice. Bangalore Dated: 14/12/2024 ___________________________________________________________ Sd/- PETITIONER Sd/- Sd/- RESPONDENT Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT True Copy Sd/- Secretary