Citation : 2023 Latest Caselaw 269 Kant
Judgement Date : 4 January, 2023
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CRL.RP No. 856 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 856 OF 2016
BETWEEN:
V. GOVINDEGOWDA
S/O LATE VENKATEGOWDA
AGED ABOUT 62 YEARS
R/AT HUNASEGALA VILLAGE
HANAGODU HOBLI,
HUNSUR TALUK
MYSORE DISTRICT-571105
...PETITIONER
(BY SRI. PRITHVI RAJ B N - ADVOCATE)
Digitally
signed by
SUMA AND:
Location:
HIGH COURT
OF K.K. PUTTASWAMY
KARNATAKA S/O LATE KULLEGOWDA
AGED ABUT 66 YEARS
R/AT KALLAHALLI VILLAGE,
HANAGODU HOBLI
HUNSUR TALUK
MYSORE DISTRICT-571105.
...RESPONDENT
(BY SRI. GURURAJ KULKARNI - ADVOCATE)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND SENTENCE DATED
12.08.2014 PASSED BY THE CIVIL JUDGE AND JMFC, HUNSUR
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CRL.RP No. 856 of 2016
IN C.C.NO.114/2010 AND SET ASIDE THE JUDGMENT DATED
07.05.2016 PASSED BY THE VIII-ADDL. DIST. AND S.J.,
MYSURU SITTING AT HUNSUR IN CRL.A.NO.192/2014.
THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This Revision Petition is filed challenging the judgment of
conviction and order of sentence dated 12.08.2014 in
C.C.No.114/2010 passed by the Civil Judge and JMFC, Hunsur,
which was confirmed by the VIII Addl. District & Sessions Judge
at Mysuru, Sitting at Hunsur by order dated 07.05.2016 in
Crl.A.No.192/2014. The Trial Court sentenced the petitioner to
undergo simple imprisonment for a period of 8 months and to
pay a fine of a sum of Rs.85,000/- for the offence punishable
under Section 138 of the NI Act.
2. During the pendency of this Revision Petition, the
petitioner has deposited the entire fine amount. Consequently,
the respondent has filed a memo reporting settlement stating
that the petitioner has deposited the entire fine amount and
therefore, the petition may be disposed of. He also submits
that the respondent has expired.
CRL.RP No. 856 of 2016
3. In view of the aforesaid submission, the Revision
Petition is disposed of, compounding the offences committed by
the petitioner under Section 138 of the NI Act.
4. Consequently, the sentence of simple imprisonment of
eight months ordered by the Trial Court is set-aside. The
amount in deposit is ordered to be released to the respondent.
5. Records of the Appellate Court is ordered to be
returned forthwith.
Sd/-
JUDGE
KS
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