Sri Alexand A J vs Sri A Arokianathan
2023 Latest Caselaw 163 Kant

                                       -1-
                                             CRL.RP No. 1132 of 2018




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF JANUARY, 2023

                                   BEFORE
                     THE HON'BLE MR JUSTICE R. NATARAJ
               CRIMINAL REVISION PETITION NO. 1132 OF 2018
            BETWEEN:

               SRI ALEXAND A J
               S/O. LATE. JOSEPH,
               AGE:40 YEARS,
               A M DISTRIBUTORS,
               OFFICE/AT NO.5,
               KATTIGANAHALLI BUS STOP,
               OPP: YASHASWINI PUBLIC SCHOOL,
               YELAHANAKA,
               BANGALORE 560064
                                                ..PETITIONER

            (BY SRI. B L KUMAR.,ADVOCATE (ABSENT))

            AND:

               SRI A AROKIANATHAN
Digitally      S/O. LATE. AROKIADAS,
signed by
SUMA           AGE:40 YEARS
Location:      R/AT NO.10/33,
HIGH           KANNAPPA BUILDING,
COURT OF
KARNATAKA      5TH CROSS,
               PARK ROAD,
               NEAR ITC COLONY,
               JEEVANAHALLI,
               BANGALORE 560005
                                             ...RESPONDENT
                                   -2-
                                         CRL.RP No. 1132 of 2018




(BY SRI DILIP KUMAR, ADVOCATE)

        THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH

SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973

BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE

JUDGMENT        DATED    15.09.2018     PASSED    BY   THE    XXVIII

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL

UNIT,     BANGALORE         (CCH-29)     IN    CRL.A.NO.815/2017

CONFIRMING THE ORDER OF JUDGMENT DATED 04.05.2017

PASSED     BY   THE     LVIII   ADDL.C.M.M.,   MAYO    HALL   UNIT,

BANGALORE        IN     C.C.NO.50177/2014        CONVICTED      THE

PETITIONER FOR THE OFFENCE P/U/S. 138 OF NEGOTIABLE

INSTRUMENTS ACT, AND HE IS SENTENCED TO PAY FINE OF

Rs.9,55,000/- OF WHICH Rs.9,50,000/- SHALL BE PAID AS

COMPENSATION TO THE RESPONDENT AND Rs.5,000/- SHALL

BE REMITTED TO STATE, IN DEFAULT OF PAYMENT OF FINE BY

THE PETITIONER HE SHALL SUFFER SIMPLE IMPRISONMENT

FOR A PERIOD OF 3 (THREE) MONTHS, AND BY ACQUIT THE

PETITIONER.


        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:
                                 -3-
                                       CRL.RP No. 1132 of 2018




                              ORDER

There is no representation for the petitioner though the

case is called thrice in the day.

Hence, the petition is dismissed for non-prosecution.

Sd/-

JUDGE

SMA