Karnataka High Court
Smt R Kalai Selvi vs Mr Bheemanna on 14 January, 2022
Bench: Sreenivas Harish Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION NO.515 OF 2020
C/W
CRIMINAL REVISION PETITION NO.510 OF 2020
CRIMINAL REVISION PETITION NO.512 OF 2020
CRIMINAL REVISION PETITION NO.513 OF 2020
CRIMINAL REVISION PETITION NO.514 OF 2020
CRIMINAL REVISION PETITION NO.516 OF 2020
IN CRL. RP No.515/2020:
BETWEEN:
SMT.R.KALAI SELVI,
W/O THANGAMANI,
AGED ABOUT 53 YEARS,
NO.315, VIGNESH NILAYA,
6TH CROSS, 2ND BLOCK,
HMT LAYOUT, NAGASANDRA POST,
BANGALORE - 73.
...PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
AND:
MR.BHEEMANNA,
S/O HANUMEGOUDRU,
2
AGED ABOUT 55 YEARS,
OCCUPATION: CIVIL ENGINEER,
NO.571, 5TH CROSS,
3RD BLOCK, HMT LAYOUT,
BANGALORE - 73.
...RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH-76) BENGALURU IN
CRL.A.NO.2163/2019 AND THE ORDER OF CONVICTION DATED
29.08.2019 PASSED BY THE XXVI ADDL.C.M.M., BENGALURU IN
C.C.NO.19433/2017 AND CONSEQUENTLY ACQUIT THE
PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE
N.I. ACT.
IN CRL. RP No.510/2020:
BETWEEN:
SMT.R.KALAI SELVI,
W/O THANGAMANI,
AGED ABOUT 53 YEARS,
NO.315, VIGNESH NILAYA,
6TH CROSS, 2ND BLOCK,
HMT LAYOUT, NAGASANDRA POST,
BANGALORE - 73.
...PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
3
AND:
MR.R.G.PRAKASH,
S/O GANGADHAR,
AGED ABOUT 46 YEARS,
NO.273, 7TH CROSS,
3RD BLOCK, HMT LAYOUT,
BANGALORE - 73.
...RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CCH-76 IN CRL.A.NO.2164/2019
AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED
BY THE XXVI A.C.M.M., AT BENGALURU IN C.C.NO.142/2017
AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE
CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.512/2020:
BETWEEN:
SMT.R.KALAI SELVI,
W/O THANGAMANI,
AGED ABOUT 53 YEARS,
NO.315, VIGNESH NILAYA,
6TH CROSS, 2ND BLOCK,
HMT LAYOUT, NAGASANDRA POST,
BANGALORE - 73.
...PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
4
AND:
MR.BHEEMANNA,
S/O HANUMEGOUDRU,
AGED ABOUT 55 YEARS,
OCCUPATION: CIVIL ENGINEER,
NO.571, 5TH CROSS,
3RD BLOCK, HMT LAYOUT,
BANGALORE - 73.
...RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CCH-76 IN CRL.A.NO.2162/2019
AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED
BY THE XXVI A.C.M.M., AT BENGALURU IN C.C.NO.26482/2016
AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE
CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.513/2020:
BETWEEN:
SMT.R.KALAI SELVI,
W/O THANGAMANI,
AGED ABOUT 53 YEARS,
NO.315, VIGNESH NILAYA,
6TH CROSS, 2ND BLOCK,
HMT LAYOUT, NAGASANDRA POST,
BANGALORE - 73.
...PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
5
AND:
MR.BHEEMANNA,
S/O HANUMEGOUDRU,
AGED ABOUT 55 YEARS,
OCCUPATION: CIVIL ENGINEER,
NO.571, 5TH CROSS,
3RD BLOCK, HMT LAYOUT,
BANGALORE - 73.
...RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CCH-76 IN CRL.A.NO.2170/2019
AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED
BY THE XXVI A.C.M.M., AT BENGALURU IN C.C.NO.24889/2016
AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE
CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.514/2020:
BETWEEN:
SMT.R.KALAI SELVI,
W/O THANGAMANI,
AGED ABOUT 53 YEARS,
NO.315, VIGNESH NILAYA,
6TH CROSS, 2ND BLOCK,
HMT LAYOUT, NAGASANDRA POST,
BANGALORE - 73.
...PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
6
AND:
MR.R.G.PRAKASH,
S/O GANGADHAR,
AGED ABOUT 46 YEARS,
NO.273, 7TH CROSS,
3RD BLOCK, HMT LAYOUT,
BANGALORE - 73.
...RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH-76), BENGALURU IN
CRL.A.NO.2172/2019 AND THE ORDER OF CONVICTION DATED
29.08.2019 PASSED BY THE XXVI ADDL.C.M.M., BENGALURU IN
C.C.NO.143/2017 AND CONSEQUENTLY ACQUIT THE
PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE
N.I. ACT.
IN CRL. RP No.516/2020:
BETWEEN:
SMT.R.KALAI SELVI,
W/O THANGAMANI,
AGED ABOUT 53 YEARS,
NO.315, VIGNESH NILAYA,
6TH CROSS, 2ND BLOCK,
HMT LAYOUT, NAGASANDRA POST,
BANGALORE - 73.
...PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
7
AND:
MR.BHEEMANNA,
S/O HANUMEGOUDRU,
AGED ABOUT 55 YEARS,
OCCUPATION: CIVIL ENGINEER,
NO.571, 5TH CROSS,
3RD BLOCK, HMT LAYOUT,
BANGALORE - 73.
...RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397
R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH-76) BENGALURU IN
CRL.A.NO.2169/2019 AND THE ORDER OF CONVICTION DATED
29.08.2019 PASSED BY THE XXVI ADDL.C.M.M., BENGALURU IN
C.C.NO.19432/2017 AND CONSEQUENTLY ACQUIT THE
PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE
N.I. ACT.
THESE CRIMINAL REVISION PETITIONS COMING ON FOR
ADMISSION ALONG WITH I.A.1/2020 AND 2/2020 THIS DAY,
THE COURT MADE THE FOLLOWING:
8
ORDER
Heard Shri Parameshwar N. Hegde, learned counsel for the
common petitioner in all these cases.
2. The petitioner has been convicted for the offence
punishable under Section 138 of the N.I. Act in all these cases
and that she lost all the appeals preferred by her.
3. The petitioner admits her signature on all the
dishonoured cheques. Her specific defence is that she did not
borrow money and on the other hand, the cheques issued by her
were misused by the respondents. But the Trial Court has given
a finding that since the petitioner herself admitted in the
insolvency petition No. 9/2016 filed by her in the City Civil Court
that she was indebted to many persons including the
respondents, and that she owed a sum of Rs.32,00,000/- to the
respondents, her defence is improbable and held her guilty of
offence under Section 138 of the N.I. Act. The findings of the
Trial Court has been confirmed by the Appellate Court. On
perusal of the Judgment of the Trial Court as well the Appellate
Court, I am of the opinion that the petitioner has not made out
any good ground to admit these revision petitions. The findings
on facts cannot be disturbed.
4. However, Shri P.N. Hegde, learned counsel for the
petitioner submits that the petitioner was taken to custody for
her failure to deposit the money as ordered by the Trial Court.
His further submission is that petitioner has been in custody for
the last two years serving the default sentence and she may be
released from custody extending the benefit under Section 428
of Code of Criminal Procedure. I do not think that this
submission of Shri P.N. Hegde can be accepted. Section 428 of
Cr.P.C. deals with setting off the period spent by an offender in
jail.
5. The Trial Court has not awarded sentence of
imprisonment. In all these cases the petitioner has been
directed to undergo simple imprisonment in case she defaults in
paying the fine amount. Therefore, if she is serving the default
sentence, it is always consecutive and therefore, benefit under
Section 428 of Cr.P.C. cannot be granted.
In the result, I do not find any merit to admit all these
petitions. Therefore, they are dismissed.
Consequently, all the pending I.As.1 and 2 of 2020 filed in
these revision petitions do not survive for consideration and they
stand disposed of accordingly.
SD/-
JUDGE
sac*
