Sri Anand Gowda vs Sri V Chandrashekhar
2022 Latest Caselaw 12081 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF SEPTEMBER, 2022

                         BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

    CRIMINAL REVISION PETITION NO.1132/2022

BETWEEN:

SRI. ANAND GOWDA,
S/O SRI. GANGAIAH,
AGED ABOUT 46 YEARS,
R/AT NO.235, 5TH MAIN,
5TH CROSS, ITI LAYOUT,
MALATHAHALLI,
NAGARABHAVI 2ND STAGE,
BENGALURU - 560 091.
                                          ... PETITIONER
(BY SRI. PRAVEEN C., ADVOCATE FOR
    SRI. RUDRAPPA P., ADVOCATE)

AND:

SRI. V.CHANDRASHEKHAR,
S/O SRI. VEKATAPPA,
AGED ABOUT 54 YEARS,
R/AT NO.248, 67TH CROSS,
5TH BLOCK, RAJAJINAGAR,
BENGALURU - 560 010.
                                        ... RESPONDENT
(BY SRI. GOPAL SINGH, ADVOCATE)

                           ***
     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 CR.P.C. PRAYING TO SET ASIDE THE
ORDER PASSED IN CRL.A.NO.1145/2018 ON THE FILE OF
CITY CIVIL AND SESSIONS JUDGE (CCH-57) AT BENGALURU
DATED 12.12.2018 AND SET ASIDE THE JUDGMENT AND
CONVICTION ORDER IN C.C.NO.2336/2014 ON THE FILE OF
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XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT
BENGALURU CITY DATED 25.05.2018 AND RESTORE THE
CRIMINAL APPEAL IN CRL.A.NO.1145/2018 TO THE FILE OF
THE CITY CIVIL AND SESSIONS JUDGE (CCH-57) AT
BENGALURU WITH A DIRECTION TO CONSIDER THE APPEAL
ON MERITS BY GIVING OPPORTUNITY FOR ARGUMENTS OF
THE PETITIONER.

     THIS CRIMINAL REVISION PETITION IS COMING ON
FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;

                         ORDER

This revision petition is preferred by the accused

praying to set aside the order dated 12.12.2018 passed

by the Court of Prl. City Civil and Sessions Judge,

Bengaluru in Crl.A.No.1145/2018 as well as the order

passed by the trial Court, convicting and sentencing him

for offence punishable under Section 138 of N.I. Act.

2. Heard both sides and perused the materials

on record.

3. Trial Court has sentenced the accused vide

judgment dated 25.05.2018 in C.C.No.2336/2014 to pay

a fine of Rs.90,00,000/-, the impugned judgment was

taken in appeal by the accused before Appellate Court.

The learned Sessions Judge has dismissed the said

appeal for non-prosecution as the accused failed to

deposit 10% of the fine amount as per the order dated

25.05.2018 and also he failed to appear before the

Court.

4. It is not in dispute that the petitioner herein

failed to comply with the order passed by the Sessions

Court directing him to deposit 10% of the fine amount.

However, order was not passed on merits. But the

appeal filed by the accused was dismissed for non-

prosecution. Pursuant to the dismissal of the appeal, it is

submitted that the accused has been taken into custody

on 11.08.2022.

5. It is submitted by the learned counsel for the

petitioner that the petitioner has deposited 10% of the

fine amount before trial Court on 20.09.2022 as per the

direction of this Court. In that view of the matter, a fair

opportunity has to be given to the petitioner to contest

his appeal. Hence, the following:

ORDER

The revision petition is allowed. Order dated

12.12.2018 passed in Crl.A.No.1145/2018 by the Court

of Prl. City Civil and Sessions Judge, Bengaluru is hereby

set aside.

Sentence imposed against the petitioner by the trial

Court is hereby suspended and he is ordered to be

released on bail subject to the following conditions:

1. The petitioner shall execute a personal bond in a sum of Rs.50,000/- with one surety for likesum to the satisfaction of the trial Court.

2. The petitioner shall deposit another 10% of the fine amount before the trial Court, within a period of six weeks.

Learned Sessions Judge shall dispose of the appeal

as expeditiously as possible.

Consequently, pending I.As. are disposed of.

Sd/-

JUDGE

pgg