Nikhil Infant vs Gurukumar G Choukimath
2021 Latest Caselaw 3478 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 22ND DAY OF OCTOBER, 2021

                      BEFORE

      THE HON'BLE MR. JUSTICE V. SRISHANANDA

 CRIMINAL REVISION PETITION NO.575/2020

BETWEEN

NIKHIL INFANT
AGED 33 YEARS,
S/O A R INFANT,
R/AT NO.59, 5TH A CROSS,
16TH MAIN, MCHS COLONY,
B T M SECOND STAGE,
BANGALORE-560076
                                      ...PETITIONER
(BY SRI VENKATRAMANA M K, ADVOCATE)

AND

GURUKUMAR G CHOUKIMATH
AGED ABOUT 57 YEARS,
S/O GURULINGAIAH,
NAVAMI SHANKAR, 5TH CROSS,
THIRD MAIN, OPPOSITE B S N L,
GRIHALAXMI LAYOUT,
KAMALA NAGAR,
BASAVESHWARANAGAR,
BANGALORE-560079
                                      ...RESPONDENT
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     THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC
PRAYING TO MODIFY THE JUDGMENT/CONVICTION ORDER
DATED 28.05.2020 PASSED IN C.C.NO.22567/2016 ON
THE FILE OF THE 13th ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU BY ENHANCING THE FINE
AMOUNT TO THE EXTENT OF DOUBLE THE CHEQUE
AMOUNT BY ALLOWING THE ABOVE REVISION PETITION.

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

                           ORDER

Though this matter is listed for admission today, with

the consent of both the parties, the matter is taken up for

final disposal.

2. Heard Sri Venkatrama K., learned counsel for

the Revision Petitioner.

3. The present Revision Petition is filed against

the order dated 23.05.2020 passed in C.C.No.22567/2016

on the file of the XIII Addl. Chief Metropolitan Magistrate,

Bengaluru only against the fine and compensation amount.

4. The main ground urged on behalf of the

Revision Petitioner that the Trial Court awarded the

compensation which is less than the cheque amount and

therefore, the impugned order is bad in law.

5. Therefore, in such circumstances, the revision

lies to the District Court for seeking enhancement of the

sentence and fine amount.

6. Accordingly, the Criminal Revision Petition

stands disposed of with a liberty for the Revision Petitioner

to approach the Sessions Court.

Needless to emphasize that the Revision Petitioner

will have the benefit of Section 14 of the Limitation Act.

Sd/-

JUDGE

KA*