Karnataka High Court
K R Govindarao vs K Vijay Kumar on 5 December, 2023
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NC: 2023:KHC:43920
CRL.RP No. 48 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CRIMINAL REVISION PETITION NO. 48 OF 2016
BETWEEN:
K.R. GOVINDARAO,
S/O LATE RAGHUNATHA RAO,
AGED ABOUT 74 YEARS,
R/AT NO.788/41, 9TH CROSS, RAMANUJA ROAD, K.R.
MOHALLA, MYSORE
...PETITIONER
(BY SRI. DIVAKARA P.S, ADVOCATE)
AND:
K. VIJAY KUMAR,
S/O R.E. KRISHNA MURTHY,
AGED ABOUT 45 YEARS,
R/AT NO.338, D. SUBBAIAH ROAD,
CHAMARAJA MOHALLA, MYSORE
...RESPONDENT
Digitally signed
by VINUTHA M (BY SRI. K. SRIDHARA, ADVOCATE)
Location: HIGH
COURT OF THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING
KARNATAKA
TO SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE PRL.
CIVIL JUDGE (JR.DVN) AND JMFC AT SRIRANGAPATNA IN
C.C.NO.72/2006 DATED 27.01.2009 AND JUDGMENT AND SENTENCE
PASSED BY THE II ADDL. DISTRICT AND S.J. AT MANDYA IN
CRL.A.NO.30/2009 DATED 13.06.2013 CONVICTING THE
PETITIONER TO UNDERGO SIMPLE IMPRISONMENT FOR THREE
MONTHS AND ALSO PAY FINE OF RS.27,000/-, DEFAULT TO PAY
FINE TO UNDERGO SIMPLE IMPRISONMENT OF ANOTHER THREE
MONTHS AND FURTHER ACQUIT THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:43920
CRL.RP No. 48 of 2016
ORDER
Heard Sri Divakara P.S., learned Counsel for the
petitioner and Sri K. Sridhara, learned Counsel for the
respondent.
2. The petitioner has filed this revision petition under
Section 397 of the Code of Criminal Procedure to set aside
the impugned judgment of conviction and sentence dated
13th June, 2013 passed by the learned II Additional
District and Sessions Judge, Mandya in Criminal Appeal
No.30/2009 confirming the judgment of conviction and
sentence dated 27.01.2009 passed by the learned
Principal Civil Judge (Junior Division) and JMFC.,
Srirangapatna, in C.C.No.72/2006.
3. The learned Counsel for the petitioner submits
that the order of trial Court has been complied and the
petitioner has deposited a sum of Rs.13,500/- before the
trial Court and a sum of Rs.11,500/- before this Court.
4. The respondent is present before the Court.
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5. The learned Counsel for the respondent submits
that the petitioner has complied the direction of the trial
Court, thus, he submits that, an amount of Rs.11,500/-
deposited by the petitioner before this Court to be
transmitted to the trial Court.
6. The operative portion of judgment of trial Court is
as under:
ORDER
Accused is sentenced to simple
imprisonment for three months and to pay
a fine of Rs.27,000/- under Section 138 of
NI Act in default to undergo simple
imprisonment for three months.
Out of the fine amount of Rs.27,000/- an
amount of Rs.25,000/- shall be paid to the
complainant as compensation as per
Section 357(2) of Cr.P.C.
7. In view of the order being complied by the
accused by depositing the fine amount before the trial
Court as well as before this Court, learned counsel for the
accused submits that the sentence of imprisonment
imposed by the trial Court and confirmed by the first
Appellate Court be set aside. The learned counsel for the
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respondent also consented to set aside the sentence of
imprisonment, in view of the fine deposited by the
accused. Hence, the submissions of learned counsel for
petitioner and the respondent are placed on record.
8. In view of the settlement arrived at between the
parties and in view of compliance of the order of the trial
Court by the accused, it is just and necessary to set aside
the sentence passed by the trial Court and confirmed by
the First Appellate Court. Hence, I proceed to pass the
following:
ORDER
1. The revision petition is allowed.
2. The judgment of conviction and order on sentence
dated 27.01.2009 passed by the learned Principal
Civil Judge (Junior Division) and JMFC.,
Srirangapatna, in C.C.No.72/2006 which is confirmed
by the learned II Additional District and Sessions
Judge, Mandya in Criminal Appeal No.30/2009 dated
13th June, 2013, are hereby set aside.
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3. Registry is directed to transmit the amount of
Rs.11,500/- deposited by the petitioner before this
Court to the trial Court, forthwith and the trial Court
shall release the said amount in favour of the
respondent on proper identification.
Sd/-
JUDGE
NSU
CT: BHK
