Karnataka High Court
Sri. Shamsuddin vs Sri. T. M. Ramakrishnappa on 12 September, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION NO.1076 OF 2019
BETWEEN:
SRI. SHAMSUDDIN
S/O AMIED
AGED ABOUT 56 YEARS
R/AT NO.337/2, THIMMAREDDY LAYOUT,
HULIMANGALA AND POST,
JIGANI HOBLI,
ANEKAL TALUK,
BANGALORE RURAL DISTRICT-560 094.
... PETITIONER
(BY SRI. KRISHNA B.J, ADVOCATE)
AND:
SRI. T.M.RAMAKRISHNAPPA
S/O MUNILAKSHMAIAH
AGED ABOUT 48 YEARS
R/AT THIRUPALYA VILLAGE,
BOMMASANDRA POST,
JIGANI HOBLI,
ANEKAL TALUK,
BENGALURU URBAN DISTRICT-560 094.
... RESPONDENT
(BY SRI. VENKATRAM, ADVOCATE)
***
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 OF R/W SECTION 401 OF CR.P.C, PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER DATED 27.06.2018
2
PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC.,
ANEKAL IN C.C.NO.890/2016 AND CONFIRMED BY THE
JUDGMENT DATED 11.07.2019 PASSED BY THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, SIT AT ANEKAL IN CRL.A.NO.5016/2018
AND TO ACQUIT THE PETITIONER/ACCUSED FOR THE
OFFENCE P/U/S 138 OF N.I.ACT.
THIS CRIMINAL REVISION PETITION IS COMING ON
FOR ORERS THROUGH VIDEO CONFERENCE/PHYSICAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER
This revision petition is preferred by the accused
against the conviction and sentence passed by the Trial
Court for the offence punishable under Section 138 of N.I
Act, which is confirmed by the Appellate Court.
2. The accused was sentenced to undergo S.I for a
period of six months and to pay a fine of ` 3,60,000/- for
the offence punishable under Section 138 of N.I Act and
in default of payment of fine, to undergo S.I for further
period of three months. Out of the fine amount, a sum of
`3,50,000/- was ordered to be paid to the complainant
as compensation and the remaining sum of `10,000/-
was defrayed as prosecution expenses and remitted to
the State.
3. The learned counsel for the petitioner has filed
an application under Section 147 of N.I Act R/w Section
320 of the Code of Criminal Procedure, wherein it is
stated that the entire cheque amount of ` 3,50,000/- has
been paid to the complainant on 12.08.2022 and the
complainant has received the said amount and endorsed
his signature on the order sheet maintained by the Trial
Court.
4. As per the order sheet maintained in C.C
No.890/2016 on the file of Addl. Civil Judge and JMFC,
Anekal, the entire amount of ` 3,50,000/- has been paid
on 12.08.2022.
5. The learned counsel for the petitioner submits
that the petitioner is a poor agriculturist having a big
family to maintain and his livelihood depends on his
agricultural activities and he has suffered a lot in view of
the intervention of the pandemic and therefore submits
that a lenient view may be taken while imposing cost. He
further submits that the petitioner is a bonafide litigant
and he has now paid the entire amount to the
complainant before the Trial Court itself.
6. The Hon'ble Apex Court has held in "DAMODAR.
S PRABHU VS SAYED BABALAL H REPORTED IN
2010 (5) SCC 6(3)" that even though the imposition of
costs by the competent Court is a matter of discretion,
the scale of costs has been suggested in the interest of
uniformity. The competent Court can of course reduce
the costs with regard to the specific facts and
circumstances of a case,
7. Keeping in view the submission made by the
learned counsel for the petitioner and in the specific facts
and circumstances of the case and also considering that
the petitioner has paid the entire amount to the
complainant before the Trial Court itself, this Court is of
the considered view that a cost of `30,000/- may be
imposed against the petitioner. Hence, the following:-
ORDER
a. The judgment and order dated 27.06.2018
passed in C.C No.890/2016 by the Court of
Addl. Civil Judge and JMFC, at Anekal
convicting the petitioner/accused for the
offence punishable under section 138 of N.I
Act, which is confirmed by the Appellate
Court, and sentencing him to undergo
imprisonment for a period of six months is
hereby set aside.
b. The petitioner shall deposit a sum of
`30,000/- (Rupees Thirty Thousand only)
towards cost before the Trial Court and shall
furnish the receipt for having deposited the
amount in the Registry of this Court within
two weeks from today.
c. The Trial Court shall remit a sum of
`20,000/-(Rupees Twenty Thousand only) to
the State Legal Services Authority out of
` 30,000/-(Rupees Thirty Thousand only)
and the balance ` 10,000/-(Rupees Ten
Thousand only) shall be remitted to the
State towards prosecution expenses.
Accordingly, Revision petition is disposed of.
Sd/-
JUDGE
VS
