Sri. T.A. Murthy vs Sri. M. Srinivas
2023 Latest Caselaw 11071 Kant

Karnataka High Court

Sri. T.A. Murthy vs Sri. M. Srinivas on 19 December, 2023

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                                                     NC: 2023:KHC:46309
                                                   CRL.RP No.191 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 19TH DAY OF DECEMBER, 2023
                                      BEFORE
                      THE HON'BLE MR. JUSTICE ANIL B. KATTI
                   CRIMINAL REVISION PETITION NO.191 OF 2016


             BETWEEN:

             1.    SRI. T.A. MURTHY
                   S/O ASHWATH NARAYAN GOWDA
                   AGED ABOUT 35 YEARS
                   RESIDING AT KRISHNAPPA LAYOUT
Digitally          BASAVANA BUILDING THINDLU VILLAGE
signed by          VIDYARANAYAPURA POST
SUMITHRA R         BANGALORE-560097.
Location:
HIGH COURT         PRESENTLY RESIDING AT:
OF                 SRI. T.A. MURTHY
KARNATAKA          S/O ASHWATH NARAYAN GOWDA
                   AGED ABOUT 35 YEARS
                   R/AT. KRISHNAPPA LAYOUT
                   BASAVANA BUILDING, THINDLU VILLAGE
                   VIDYARANYAPURA POST
                   BANGALORE-560097.
                                                           ...PETITIONER
             (BY SMT. D. KAVITHA, ADV.,)
             AND:

             1.    SRI. M. SRINIVAS
                   S/O LATE MUNISWAMAPPA
                   AGED ABOUT 61 YEARS
                   RESIDING AT NO.9/3
                   DODDA BOMMASANDRA
                   VIDYARANYAPURA MAIN ROAD
                   BANGALORE-560097.
                                                          ...RESPONDENT
             (BY SRI. ASHOK M.M. ADV., [ABSENT])
                               -2-
                                              NC: 2023:KHC:46309
                                            CRL.RP No.191 of 2016




     THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C.
PRAYING    TO    SET    ASIDE         THE    JUDGMENT     DATED
03.07.2014 PASSED BY THE LEARNED XVIII ADDL.C.M.M.,
AT BANGALORE IN C.C.NO.726/2011 AND JUDGMENT
DATED 05.11.2015 PASSED BY THE HON'BLE LXVIII
ADDL. CITY CIVIL AND S.J., (CCCH-69) AT BANGALORE
CITY IN CRL.A.NO.1069/2014.


     THIS PETITION COMING ON FOR HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:


                             ORDER

Smt.D.Kavitha, learned counsel for the revision

petitioner present.

2. Learned counsel for the respondent absent.

3. Revision petitioner/accused was arrested and

produced before the trial Court on 08.12.2023

in view of the orders passed by this Court dated

03.11.2023.

NC: 2023:KHC:46309

4. On the strength of the memo filed by the

learned counsel for the revision petitioner with the

certified copy of the order sheet of the trial Court in

C.C.No.726/2011, the revision petitioner/accused was

ordered to be released forthwith, since the entire amount

as ordered by the trial Court was deposited before the trial

Court.

5. The trial Court convicted the accused for the

offence punishable under Section 138 of Negotiable

Instruments Act, 1881 and sentenced to pay fine of

Rs.2,25,000/- and in default to pay fine amount, he was

ordered to undergo simple imprisonment for six months.

The said judgment of the trial Court is confirmed in the

appeal before the first appellate Court in

Crl.A.No.1069/2014 dated 05.11.2015.

6. The certified copy of the order sheet of trial

Court in C.C.No.726/2011 filed by the learned counsel for

the revision petitioner/accused would go to show that the

NC: 2023:KHC:46309

revision petitioner/accused has paid the entire fine amount

as ordered by the trial Court, hence, recording the

submission of the learned counsel for the revision

petitioner, the present revision petition does not survive

for consideration and accordingly, the same is disposed

of.

SD/-

JUDGE

BSR