Karnataka High Court
Sri. Prateepa T vs R. Venkatesh on 15 December, 2023
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NC: 2023:KHC:45857
CRL.P No. 2644 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 2644 OF 2019
BETWEEN:
SRI. PRATEEPA T.,
AGED ABOUT 46 YEARS,
S/O S.H. TIMAIAH
R/O SRI. RANGA MEDICALS,
HUNSE MARA BUS STOP,
B.H. ROAD,
NELAMANGALA,
BANGALORE - 562 123,
ALSO AT
R/O BYRASANDRA VILLAGE,
MODALAKOTE POST,
NELAMANGALA TALUK,
BANGALORE.
...PETITIONER
(BY SRI. SUMANTH L BHARADWAJ, ADVOCATE)
Digitally
signed by AND:
SUMA
Location:
HIGH R. VENKATESH,
COURT OF S/O M. RAMAIAH,
KARNATAKA
AGED ABOUT 52 YEARS,
R/O NO.28,
ANJANEYA TEMPLE ROAD,
MALASANDRA, T.DASARAHALLI POST,
BANGALORE - 560 057.
...RESPONDENT
(BY SRI. OMKAR BASAVA PRABHU, ADVOCATE FOR
SRI. R. SRINIVAS, ADVOCATE)
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NC: 2023:KHC:45857
CRL.P No. 2644 of 2019
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
MODIFY/RELAX OF THE ORDER DATED 23.03.2019 PASSED BY
61st ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE CCH-62 ON AN INTERIM APPLICATION IN A
CRIMINAL APPEAL NUMBERED AS CRL.A.NO.650/2019,
WHEREBY THE LOWER APPELLANT COURT, THOUGHT WAS
PLEASED TO SUSPEND THE SENTENCE THAT IMPOSED BY THE
COURT OF THE JUDGE SMALL CAUSES AND XXVI A.C.M.M AT
BANGALORE VIDE JUDGMENT AND ORDER DATED 11.03.2019
IN C.C.NO.23455/2016 U/S.138 OF N.I.ACT. HOWEVER
SUBJECTED THE SAME WITH CONDITION THAT THE
PETITIOENR SHOULD DEPOSIT 50% OF THE FINE AMOUNT,
ANNEXURE A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed challenging the order dated
23.03.2019 passed by the LXI Additional City Civil and
Sessions Judge at Bengaluru in Criminal Appeal
No.650/2019, by which the petitioner was directed to
deposit 50% of the fine amount as ordered in the
judgment of conviction and sentence dated 11.03.2019
passed by the Court of Small Causes and XXVI Addl. Chief
NC: 2023:KHC:45857
Metropolitan Magistrate, at Bengaluru in CC
No.23455/2016.
2. The petitioner was convicted for an offence
punishable under Section 138 of Negotiable Instruments
Act and was sentenced to pay fine of Rs.16,00,000/-. The
petitioner being aggrieved by the said order filed Criminal
Appeal No.650/2019. The Appellate Court in terms of the
order dated 23.09.2019 directed the petitioner to deposit
50% of the fine amount and the same is challenged before
this Court in this petition. Now it is stated that the
petitioner and the respondent have settled the dispute and
have filed a memo on 09.03.2023 stating that they have
settled the dispute at a sum of Rs.16,00,000/-, of which
the petitioner had paid a sum of Rs.8,00,000/- by cash
and a sum of Rs.5,00,000/- through cheque dated
10.03.2023 and authorized the respondent to seek release
of the amount of Rs.3,20,000/- deposited by the petitioner
before this court. In view of the above, nothing survives
for consideration in this petition.
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3. Consequently, the petition is disposed off and
the conviction of the petitioner in C.C.No.23455/2016 by
the Court of Small Causes and XXVI Addl. Chief
Metropolitan Magistrate, at Bengaluru for the offence
punishable under Section 138 of Negotiable Instruments
Act is set aside.
Sd/-
JUDGE
KBM
CT:SNN
