Karnataka High Court
Aslam Shareif vs Sri. K.R. Ramesha on 24 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:29170
CRL.RP No. 217 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 217 OF 2021
BETWEEN:
ASLAM SHAREIF
S/O LATE KALANDAR SHAREIF,
C/O ABDUL LATHEIF,
AGED ABOUT 44 YEARS,
R/AT NO. 242, 2ND CROSS,
SURAGITOPU, PAPER TOWN,
BHADRAVATHI-577 245
...PETITIONER
(BY SRI. SOMASHEKHARAIAH R P., ADVOCATE)
AND:
SRI. K.R. RAMESHA
S/O LATE RANGEGOWDA,
Digitally MAJOR,
signed by
MALATESH R/O DOOR NO. IDK 62/B,
KC NEW COLONY,
Location: BHADRAVATHI-577 245.
HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. T.S. VENKATESH, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT DATED 14.10.2019
MADE IN CRIMINAL APPEAL NO.5005/2019 ON THE FILE OF
THE IV ADDITIONAL DISTRICT AND SESSION JUDGE,
SHIVAMOGA SITTING AT BHADRAVATHI AND TO SET ASIDE
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NC: 2024:KHC:29170
CRL.RP No. 217 of 2021
THE CONVICTION AND SENTENCE PASSED ON 20.02.2019 BY
THE HONBLE IV ADDITIONAL CIVIL JUDGE AND JMFC,
BHADRAVATHI IN C.C.NO.3783/2013 FOR AN ALLEGED
OFFENCE P/U/S. 138 OF THE NEGOTIABLE INSTRUMENTS ACT,
AND THEREBY SENTENCING TO PAY A FINE OF RS.1,90,000/-
AND IN DEFAULT OF PAYMENT OF FINE, SIMPLE
IMPRISONMENT FOR A PERIOD OF SIX MONTHS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR JUSTICE V SRISHANANDA) Joint memo filed.
2. In view of the joint application/memo, revision petition stands disposed of.
3. It is made clear that if the amount of Rs.32,000/- as agreed is not paid as per the joint memo, the order of conviction passed by the Trial Magistrate and confirmed by the First Appellate Court stands automatically restored.
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NC: 2024:KHC:29170 CRL.RP No. 217 of 2021
4. After the payment of the entire amount, fine amount of Rs.10,000/- imposed by the Trial Magistrate and confirmed by the First Appellate Court towards the defraying expenses of the State is hereby set aside.
Sd/-
(V SRISHANANDA) JUDGE LDC List No.: 2 Sl No.: 11