Karnataka High Court
Smt C V Shashikala vs Sri Lakshminarasimhaiah on 3 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:18742
CRL.RP No. 494 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 494 OF 2014
BETWEEN:
SMT. C.V.SHASHIKALA W/O S.JANARDHANA,
AGED ABOUT 49 YEARS,
RESIDING AT NO.16, 5TH CROSS,
2ND MAIN, AVALAHALLI NEW EXTN.
BYATARANAPURA, MYSORE ROAD,
BANGALORE - 560 026.
...PETITIONER
(BY SRI. NARAYANA V S., ADVOCATE)
AND:
SRI. LAKSHMINARASIMHAIAH S/O LATE
VENKATAIAH, AGED ABOUT 57 YEARS,
RESIDING AT NO.31,
Digitally 10TH MAIN, SHIVANAGAR,
signed by R
MANJUNATHA BANGALORE - 560 010.
Location: ...RESPONDENT
HIGH COURT
OF (BY SRI. VIJAYKUMAR PRAKASH., ADVOCATE)
KARNATAKA
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING
TO SET ASIDE THE ORDER OF CONFIRMATION OF CONVICTION AND
SENTENCE DATED 15.4.2014 PASSED BY THE P.O., F.T.C.-V,
BANGALORE IN CRL.A.NO.560/2012 AND ALLOW THIS ABOVE R.P.
BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 6.2.2012
PASSED BY THE XIX A.C.M.M., BANGALORE CITY IN
C.C.NO.5206/2007 AND ORDER OF CONFIRMATION BY THE
APPELLANT COURT DATED 15.4.2014.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:18742
CRL.RP No. 494 of 2014
ORDER
Heard Sri. Narayana.V.S., learned counsel for the revision petitioner and Sri. Vijaykumar Prakash, learned counsel for the respondent.
2. The order of conviction passed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') in C.C.No.5206/2007, confirmed in Crl.A.No.560/2012 is challenged in this revision petition.
3. A sum of Rs.60,000/- was the cheque amount and fine amount was Rs.85,000/- imposed by the learned trial Magistrate, confirmed by the First Appellate Court.
4. A sum of Rs.25,000/- was already deposited by the accused-petitioner before the trial Court. Balance sum of Rs.55,000/- is paid today by the accused to the counsel for the complainant by way of Demand Draft.
5. Thus, entire sum of Rs.80,000/- as ordered by the learned trial Magistrate as compensation is paid.
6. Sri. Narayana.V.S., learned counsel submits that since no State missionary was involved, a sum of Rs.5,000/- -3-
NC: 2024:KHC:18742 CRL.RP No. 494 of 2014 imposed by the learned trial Judge as fine amount towards defraying expenses of the State needs to be set aside.
7. Taking note of the fact that the lis is between two private persons, imposition of fine amount of Rs.5,000/- to be appropriated towards the defraying expenses of the State is hereby set aside.
8. In view of the payment of entire amount of Rs.80,000/- by the accused to the complainant, following order is passed.
ORDER
(i) Criminal Revision Petition is allowed; and
(ii) The accused-petitioner stands acquitted for the offence punishable under Section 138 of the N.I.Act; and
(iii) The amount of Rs.25,000/- deposited before the trial Court is ordered to be released in favour of the complainant under due identification.
Sd/-
JUDGE SMJ, List No.: 1 Sl No.: 37