Karnataka High Court
Vishwanath Raikar vs Ganeshmal M Oswal on 20 December, 2021
Bench: V Srishananda
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20th DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO.801/2013
BETWEEN
VISHWANATH RAIKAR
S/O RAMANATH RAIKAR
AGED ABOUT 39 YEARS
MERCHANTS, KAMAKSHI JEWELLERS
R/O B.T. GALLI
DAVANAGERE-577 002
...PETITIONER
(BY SRI A N RADHAKRISHNA, ADVOCATE)
AND
GANESHMAL M OSWAL
S/O MOTHILAL OSWAL
AGED ABOUT 60 YEARS
MERCHANTS
R/O M.G. ROAD
DAVANAGERE-577 002
...RESPONDENT
(BY SRI SANJAY KUMAR M. JAIN, ADVOCATE-absent)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 AND 401 OF CR.P.C. PRAYING TO SET ASIDE THE
JUDGMENT OF CONVICTION AND SENTENCE DATED 14.12.2011
PASSED BY THE JMFC, 2ND COURT, DAVANAGERE IN
C.C.NO.127/2009 AND CONFIRM ORDER DATED 18.09.2013
PASSED BY THE II ADDITIONAL S.J., DAVANAGERE IN
CRL.A.NO.171/2011.
2
THIS CRIMINAL REVISION PETITION COMING ON FOR
FURTHER HEARING THROUGH PHYSICAL HEARING/VIDEO
CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri A N Radhakrishna, learned counsel
appearing for the revision petitioner, who is present in
Court and perused the records.
Sri Sanjay Kumar M Jain, learned counsel for the
respondent is absent.
2. This petition is filed by the revision petitioner-
accused who has suffered an order of conviction for the
offence punishable under Section 138 of the Negotiable
Instruments Act, 1881 (for short 'N.I. Act'), in CC
No.127/2009 and was directed to pay a compensation of
Rs.3,00,000/- as against the cheque amount of
Rs.1,98,000/- and the entire amount of Rs.3,00,000/- was
ordered to be paid as compensation to the complainant
before the learned Trial Magistrate, which was confirmed
by the learned First Appellate Judge in Crl.A.No.171/2011,
vide order dated 18.09.2013.
3. After hearing the arguments of learned counsel
appearing for the revision petitioner for some time, the
revision petitioner has filed a memo and the same reads as
under:
"Memo
The petitioner submits that out of
Rs.3,00,000/- fine amount, a sum of Rs.1,50,000/-
is deposited before the trial Court. The petitioner
humbly submits that remaining amount is
Rs.1,50,000/-. It is submitted that the petitioner
undertakes to pay a sum of Rs.1,00,000/- i.e.
including the amount in deposit of Rs.1,50,000/- in
all Rs.2,50,000/- to the complainant/respondent.
The petitioner request this Hon'ble Court to grant
four installments i.e. Rs.25,000/- each in Four
installments commencing from January 31.01.2022
to April, 2022.
With the aforesaid terms, the petition may
kindly be disposed off and permit him to deposit
Rs.1,00,000/- (in four) installments, commencing
from January 31.01.2022 till April, 2022."
4. In the case on hand, since the cheque is of the year
1998 and already Rs.1,50,000/- has been deposited by the
revision petitioner, this Court is of the considered opinion
that the ends of justice would be met, if the amount of
Rs.3,00,000/- is reduced to Rs.2,50,000/-, which has to be
paid on or before April, 2022, as per the terms of the
memo. Accordingly, the following;
Order
i) The Criminal Revision Petition is disposed of in
terms of the Joint Memo.
ii) While maintaining the order of conviction of
the revision petitioner for the offence
punishable under Section 138 of the N.I. Act,
the compensation amount of Rs.3,00,000/-
ordered by the learned Trial Magistrate and
confirmed by the learned First Appellate Judge
is reduced to Rs.2,50,000/- and the balance
amount of Rs.1,00,000/- shall be paid on or
before April, 2022 as per the terms of the
Memo dated 20.12.2021.
iii) On payment of the said amount, the accused
stands acquitted. However, if there is any
violation in making the payment, the order of
learned Trial Magistrate shall stand restored.
Ordered accordingly.
Sd/-
JUDGE
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