Yallappa K vs Ganapathi Gangolli
2021 Latest Caselaw 1017 Kant

                                      Crl.A.No.638/2020

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF JANUARY 2021

                        BEFORE

        THE HON'BLE MRS JUSTICE K.S.MUDAGAL

           CRIMINAL APPEAL No.638/2020

BETWEEN:

YALLAPPA K
S/O NAGAPPA
AGED ABOUT 55 YEARS
DAR HEAD CONSTABLE
R/O SHARAVATHINAGAR
SHIVAMOGGA - 577 202                     ... APPELLANT

(BY SRI B.S.PRASAD, ADV.)

AND:

GANAPATHI GANGOLLI
EDITOR, PUBLISHER & OWNER OF
'SANJE DARPANA' KANNADA DAILY
II FLOOR, BANASHANKARI ARCADE
NCM, OPP SWIMMING POOL COMPLEX
HUBLI - 580 029                         ... RESPONDENT

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 377
OF CR.P.C., PRAYING TO IMPOSE MAXIMUM SENTENCE TO THE
RESPONDENT FOR THE OFFENCES P/U/S 499 AND 500 OF IPC
IN C.C.NO.2540/2019 DATED 19.12.2019 ON THE FILE OF THE
I ADDITIONAL CIVIL JUDGE AND J.M.F.C., SHIVAMOGGA.

     THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT THROUGH PHYSICAL HEARING DELIVERED
THE FOLLOWING:
                                                 Crl.A.No.638/2020

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                        JUDGMENT

Learned counsel for the appellant submits that the

appeal against the impugned order lies to the Sessions

Court and he may be permitted to withdraw the appeal

with liberty to present the same before the appropriate

Court.

2. Appellant was the complainant in C.C.

No.2540/2019 on the file of the Principal Civil Judge

(Junior Division) and J.M.F.C., Shivamogga. On accused

No.1 pleading guilty, the trial court convicted him for the

offence punishable under Section 500 of IPC and

sentenced him to fine of Rs.2,000/- and in default to pay

the fine amount to undergo simple imprisonment for a

period of seven days.

3. The appellant has challenged the adequacy of

the sentence in this appeal. As per the proviso to Section

372 of Cr.P.C., an appeal by the victim on the ground of

inadequacy of sentence or compensation lies to the Court

to which an appeal ordinarily lies against the order of

such sentence.

Crl.A.No.638/2020

M

4. As per Section 374(3)(c) of Cr.P.C., an appeal

against the order of Judicial Magistrate first class lies to

the Court of Session. The offence under Section 500 of

IPC is punishable with simple imprisonment upto two

years or fine or with both and triable by the Magistrate.

5. Under the circumstances, the submission of

the counsel is found acceptable. Subject to all just

exceptions, the appeal is dismissed as withdrawn. Liberty

is reserved to the appellant to approach the appropriate

Court.

Sd/-

JUDGE KG