Karnataka High Court
Smt. Neelavva Peechi W/O Puttappa vs Sri Kalakappa Kajagar S/O Parappa on 10 January, 2022
Bench: Mohammad Nawazpresided Bymnj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRL.RP.NO.100121 OF 2021
BETWEEN
1 .SMT. NEELAVVA PEECHI,
W/O. PUTTAPPA
AGED 52 YEARS, OCC. AGRICULTURE,
R/O: CHAVADI VILLAGE-582 201
TQ:RON, DIST: GADAG.
...PETITIONER
(BY SRI. NEELENDRA.D.GUNDE, ADVOCATE)
AND
SRI.KALAKAPPA KAJAGAR
S/O.PARAPPA,
AGE:57 YEARS,
OCC:LECTURER GOVT. PU COLLEGE,
R/O: ADARSH NAGAR, NEAR HUDCO,
GADAG-582 101, TQ & DIST:GADAG.
...RESPONDENT
(BY SRI.G.D.PATIL, ADVOCATE FOR SRI.H.N.GULARADDI,
ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 397 R/W. 401 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND SET-ASIDE
THE ORDER DATED 23.01.2021 PASSED IN CRL. APPEAL
NO.73/2019 BY THE LEARNED PRL. JUDGE, FAMILY COURT AND
DISTRICT AND SESSIONS JUDGE GADAG AND THE ORDER
PASSED BY LEARNED PRL. CIVIL JUDGE AND JMFC-GADAG IN
CC NO-3317/2017 DATED 26/11/2019 THEREBY CONVICTING
THE PETITIONER FOR OFFENCE PUNISHABLE U/S.138 OF
NEGOTIABLE INSTRUMENT ACT AND DIRECTING THE
2
PETITIONER TO PAY A FINE OF RS.6,00,000/- WITH DEFAULT
CLAUSE FOR 4 MONTHS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This Criminal Revision Petition is preferred against
the order dated 23.01.2021 passed in Criminal Appeal
No.73/2019 on the file of Prl. District and Sessions Judge,
Gadag, whereby the learned Session Judge has dismissed
the said appeal for non compliance of office objections.
2. The petitioner was convicted by the Court of
Prl. Civil Judge and JMFC, Gadag, in C.C.No.3317/2017
vide order dated 26.11.2019 for the offence punishable
under Section 138 of Negotiable Instrument Act and he
was ordered to pay a fine of Rs.6,00,000/-, in default, to
undergo simple imprisonment for a period of four months.
3. It appears from the material on record that,
the petitioner failed to deposit a sum of Rs.25,000/- before
the Appellate Court inspite of granting sufficient
opportunity and therefore, vide impugned order the appeal
preferred by him was dismissed for non compliance of
office objections.
4. This Court on 05.05.2021 while allowing I.A
No.3/2021, stayed the impugned judgment passed by the
trial Court subject to the condition that petitioner shall
deposit a sum of Rs.1,00,000/- before the trial Court
within a period of three weeks.
5. The learned counsel for petitioner submits that
he has specific instructions that the petitioner has
deposited the said amount as directed by this Court. In
that view of the matter, it is just and proper in the interest
of justice to give an opportunity to the petitioner who has
been convicted by the trial Court, to prosecute his appeal
before the Court of Prl. District Session Judge, Gadag.
Hence, the learned Sessions Judge is directed to entertain
the Criminal Appeal subject to accused depositing a sum of
Rs.1,00,000/- before the trial Court as directed by this
Court vide order dated 05.05.2021, if not already
deposited. Hence, the following;
ORDER
The impugned order dated 23.01.2021 passed in
Criminal Appeal No.73/2019 by the Court of Prl. District
and Session Judge, Gadag, is hereby set aside.
Criminal Appeal No.73/2019 is ordered to be
restored to file with a direction to the learned Sessions
Judge, to dispose it in accordance with law, subject to
accused depositing a sum of Rs.1,00,000/- as ordered by
this Court on 05.05.2021, before the trial court if not
already deposited.
The Revision Petition is disposed off.
Both the parties are directed to appear before the
learned Sessions Court on 08.02.2022.
Sd/-
JUDGE
PJ
