K MAHALINGA BHAT Vs. SANTHOSH KAMATH

JUDGEMENT

(1.) At the outset, Mr. Madiyal, learned counsel appearing for the Petitioner, the Judgment Debtor, states that since as per his instructions, the entire amount awarded by the lower fora in favour of the Complainant has already been deposited in the District Forum, the Petitioner would be satisfied if instead of subjecting the Petitioner to imprisonment for the period directed by the lower Fora, a nominal fine is imposed for his failure to comply with the final orders passed by the lower Fora. Learned Counsel also submits that although the Petitioner has the desire to settle the disputes, if any, with the Complainant but on account of financial constraints he was not able to comply with the directions issued by the lower Fora. It is submitted that the Petitioner has established his bona fides by settling similar disputes with some other depositors, who had not even taken recourse to the legal remedy.

(2.) Despite service, the Complainant has chosen not to appear and contest these proceedings.

(3.) Having regard to the peculiar facts and circumstances of the case and bearing in mind the fact that the Complainant is a small depositor, we feel that it will be in his interests to get his money back at the earliest, instead of subjecting the Petitioner to imprisonment, awarded by the District Forum. Therefore, we allow the Revision Petition and set aside the sentence awarded to the Petitioner by the lower Fora, with a direction that he shall pay to the Complainant before us, a sum of Rs.10,000/- as fine, in lieu of the said sentence. The amount towards the fine shall be deposited in the District Forum within six weeks from today.