Sri. Ramesh Hegde vs Sri. K.B. Malakappa
2021 Latest Caselaw 6978 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 21ST DAY OF DECEMBER, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

  CRIMINAL REVISION PETITION NO.1034/2014

BETWEEN

SRI. RAMESH HEGDE
S/O MAHABALESHWAR HEGDE,
AGED 43 YEARS,
PROPRIETOR
HEGDE AUTO CENTRE,
P B ROAD,
DAVANAGERE-577001.
                                       ...PETITIONER
(BY SRI RAVI G SABHAHIT, ADVOCATE)

AND

SRI. K.B. MALAKAPPA
S/O KONDAJJI BHARAMAPPA,
AGED 39 YEARS,
AGRICULTURIST,
R/O KAKKARAGOLLA VILLAGE,
DAVANAGERE TALUK AND DISTRICT-577006.
                                   ...RESPONDENT
(BY SRI DIWAKARA K, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 AND 402 CR.P.C, PRAYING TO SET
ASIDE THE ORDER PASSED BY THE I-ADDL. DIST. AND
SESSIONS JUDGE AT DAVANAGERE IN CRL.A.NO.88/2011
DTD. 03.11.2014, THEREBY DONFIRMING THE JUDGMENT
                                2


AND ORDER PASSED BY THE III-ADDL.SENIOR CIVIL
JUDGE AND JMFC AT DAVANAGERE IN C.C.NO.488/2009
DTD.04.06.2011.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR FINAL HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:-

                            ORDER

The accused/Revision Petitioner has suffered an

order of conviction dated 4.6.2011 passed in CC

No.488/2009 by the III Addl. Senior Civil Judge & JMFC,

Davanagere, for the offence punishable under Section 138

of the Negotiable Instruments Act and ordered to pay fine

of Rs.1,000/- and compensation of Rs.1,00,000/- payable

to the complainant.

2. In fact, the accused/Revision Petitioner has

brought a Demand Draft No.073781 dated 17.12.2021 for

a sum of Rs.1,10,000/-, which covers the litigation

expenses and handed over the same to the learned

counsel for the respondent and the learned counsel for the

respondent acknowledges the receipt of the Demand Draft.

The complainant is appeared through video conferencing

and demands more money. Since the compensation award

itself is Rs.1,00,000/- and the accused has paid

Rs.1,10,000/- covering the litigation expenses also, no

further sum needs to be awarded to the complainant.

Accordingly, the Revision Petition is allowed and

the accused stands acquitted. Since the accused stands

acquitted, the amount of Rs.1,000/- paid by the accused

as the fine amount is ordered to be withdrawn by the

accused under due identification.

Sd/-

JUDGE

PL*