This criminal appeal against a Lok Adalath compromise order was dismissed as not maintainable since criminal appeals are barred against arbitration/mediation settlements.
Appeal dismissed as not maintainable.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1979 OF 2022
BETWEEN:
SRI K DARSHAN KUMAR CHAVAN AGED ABOUT 39 YEARS SON OF SRI. G. KRISHNA MURTHY NO.595, 16TH CROSS J.P NAGAR, 6TH PHASE BENGALURU - 560 092
... ACCUSED /APPELLANT
(BY SRI. SREEKANTHA K S, ADVOCATE - ABSENT)
AND
SMT ANJALI JADWANI AGED ABOUT 39 YEARS WIFE OF SRI. BHARATH KUMAR RESIDING AT NO.40, 2G, 1ST CROSS, ST. MICHEAL ROAD, SHANTHI NAGAR BENGALURU - 560 027 RERPESENTED HEREIN BY HER POWER OF ATTORNEY HOLDER SRI. BHARATH KUMAR KAIRA
.... COMPLAINANT /RESPONDENT
THIS APPEAL FILED U/S 397 R/W SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) CALL FOR THE ENTIRE RECORDS IN C.C.NO.5907 OF 2019, ON THE FILE OF THE VI ADDL. SMALL CAUSES JUDGE AND ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT AND PRAYS AN ORDER OF ACQUITTAL ACQUITTING THE APPELLANT OR TO REMAND
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THE ABOVE MATTER FOR CONCLUDING THE TRIAL; b) TO PASS SUCH ORDERS, AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is by accused challenging the compromise entered into between him and the complainant before Lok Adalath dated 25.06.2022, by which he agreed to pay a sum of Rs.88,00,000/- to the complainant and in turn complainant has agreed to execute a release deed of the mortgage dated 13.06.2017. Since the order challenged in this appeal is a compromise entered between the parties before the Lok Adalath, this appeal is not maintainable.
Hence, appeal is dismissed as not maintainable.
Sd/-
JUDGE
RR
1 issue framed by the court
Whether a criminal appeal challenging a compromise order entered before Lok Adalath is maintainable under Section 397 read with Section 401 CrPC
1 provisions across 1 enactments
SRI K DARSHAN KUMAR CHAVAN
SMT ANJALI JADWANI
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
