Karnataka High Court
Sri K S Sunil Gupta vs Dena Bank on 25 February, 2022
Bench: Sreenivas Harish Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25 T H DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION NO.1099 OF 2012
C/W
CRIMINAL REVISION PETITION NO.1098 OF 2012
In Crl.RP.No.1099/2012
BETWEEN:
Sri K.S.Sunil Gupta
S/o Sri V.Srinivasa Gupta
Aged about 45 years,
S-711, 7 t h Floor, South Block,
Manip al Centre, Dickenson Road ,
Beng aluru - 560025.
...Petitioner
(By Sri Mad hav Kashyap , Advocate for
Sri P.Prasanna Kumar, Advocate)
AND:
Dena Bank,
Brig ade Road Branch,
No.45/7, Vinayaka Complex,
Resid ency Road Cross,
Beng aluru-560025
Rep. by its Chief Manag er
Sri Viswanathan
...Respondent
(By Sri K.Prakash, Advocate)(Absent)
This Criminal Revision Petition is filed under
Section 397 read with 401 of Cr.P.C., praying to set
aside the judgment and order of conviction and
sentence dated 02.07.2012 p assed by the Additional
:: 2 ::
Session Judge and Presiding Officer, F.T.C.-III,
Mayohall Unit, Beng aluru in Crl.A.No.25162/2011
thereby d ismissing the appeal and confirming the
judgment and order of conviction and sentence dated
20.08.2011 p assed by the XIV A.C.M.M., Beng aluru in
C.C.No.81477/2009 thereby convicting the
petitioner/accused for the offence punishab le under
Section 138 of N.I.Act and Sentencing him to pay a
fine of Rs.15,50,000/- with a d efault clause.
In Crl.RP.No.1098/2012
BETWEEN:
Sri K.S.Sunil Gupta
S/o Sri V.Srinivasa Gupta
Aged about 45 years,
S-711, 7 t h Floor, South Block,
Manip al Centre, Dickenson Road ,
Beng aluru - 560025.
...Petitioner
(By Sri Mad hav Kashyap , Advocate for
Sri P.Prasanna Kumar, Advocate)
AND:
Dena Bank,
Brig ade Road Branch,
No.45/7, Vinayaka Complex,
Resid ency Road Cross,
Beng aluru-560025
Rep. by its Chief Manag er
Sri Viswanathan
...Respondent
(By Sri K.Prakash, Advocate)(Absent)
This Criminal Revision Petition is filed under
Section 397 read with 401 of Cr.P.C., praying to set
aside the judgment and order of conviction and
sentence dated 02.07.2012 p assed by the Additional
Session Judge and Presiding Officer, F.T.C.-III,
Mayohall Unit, Beng aluru in Crl.A.No.25163/2011
:: 3 ::
thereby d ismissing the appeal and confirming the
judgment and order of conviction and sentence dated
20.08.2011 p assed by the XIV A.C.M.M., Beng aluru in
C.C.No.81484/2009 thereby convicting the
petitioner/accused for the offence punishab le under
Section 138 of N.I.Act and Sentencing him to pay a
fine of Rs.65,50,000/- with a d efault clause.
These Criminal Revision Petitions coming on for
orders this d ay, the Court mad e the following:
ORDER
Sri Madhav Kashyap, Advocate appearing on
behalf of Sri P.Prasanna Kumar, learned counsel
for the petitioner in both the petitions submits
that the petitioner has filed application under
Section 147 of the Negotiable Instruments Act
('N.I.Act' for short) for compounding the offence,
in view of the loan having been cleared by the
petitioner.
2. Counsel for the first respondent is
absent.
3. The order sheet dated 15.12.2021 is so
clear that the application under Section 147 of
N.I.Act was allowed on that day and that the
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compounding was permitted. In view of
compounding of the offence, these two revision
petitions stand disposed of.
IA No.1/2018 in both the petitions do not
survive for consideration. They stand disposed of
accordingly.
Sd/-
JUDGE
Kmv/-
