M D Manjunath vs Smt M S Meenakshamma Since Dead ...
2023 Latest Caselaw 67 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF JANUARY, 2023

                        BEFORE

         THE HON'BLE MR. JUSTICE R. NATARAJ

  CRIMINAL REVISION PETITION NO.476 OF 2018

BETWEEN:

M.D. MANJUNATH
S/O. LATE DIBBAIAH @ DUGGAIAH,
AGED ABOUT 55 YEARS,
COFFEE PLANTER,
R/O. MADDIKERE, HALEKERE VILLAGE,
BILLUR POST, MUDIGERE TALUK,
CHIKAMAGALURU DISTRICT
                                             ...PETITIONER
(BY SRI. SOWRABA JEEVALA L.M., ADVOCATE)

AND:

SMT. M.S. MEENAKSHAMMA
SINCE DEAD
REPRESENTED HER LEGAL HEIR

1(a)   A.M. PRASANNA,
       S/O LATE A.G. MANJUNATH GOWDA,
       AGED ABOUT 54 YEARS,
       R/O HEECHALLI ESTATE,
       HALEKERE VILLAGE, BILLUR POST,
       POST BOX NO.53, MUDIGERE TALUK,
       CHIKAMAGALURU DISTRICT
                                            ...RESPONDENT

(BY SRI. G. BALAKRISHNA        SHASTRY,    ADVOCATE   FOR
RESPONDENT NO.1(a))
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      THIS PETITION IS FILED UNDER SECTION 397 READ
WITH 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT
AND ORDER OF CONFIRMATION PASSED BY HON'BLE II
ADDITIONAL SESSIONS JUDGE AT CHIKKAMGALURU IN
CRIMINAL APPEAL NO.134/2017, DATED 03.03.2018 AND
JUDGMENT CONVICTION AND SENTENCE PASSED BY HON'BLE
PRINCIPAL CIVIL JUDGE AND JMFC, AT MUDIGERE IN
C.C.NO.381/2013, DATED 25.07.2017.

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


                               ORDER

This revision petition is filed by the accused

challenging the judgment of conviction dated 25.07.2017

passed by the Principal Civil Judge and JMFC, Mudigere in

C.C.No.381/2013 and consequent sentence by which, he

was sentenced to undergo simple imprisonment for a

period of six months and pay fine of Rs.5,000/- for the

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881 (henceforth referred to as 'N.I. Act'

for short).

2. When this petition was listed for admission,

learned counsel for the petitioner submits that the

petitioner/accused has deposited a sum of Rs.1,05,000/-

being the compensation and fine as ordered by the Trial

Court and prayed that the offence against the petitioner be

compounded. He also prays that the impugned judgment

of conviction and consequent sentence be set at naught.

3. The learned counsel for the respondent, on the

other hand, contended that the respondent is not willing to

compound the offence as the petitioner has unduly delayed

the settlement of dispute.

4. Having regard to the fact that the petitioner

has deposited the entire amount as ordered by the Trial

Court, it is appropriate that the offence against the

petitioner is compounded. In view of the judgment of the

Hon'ble Apex Court in Damodar S. Prabhu vs. Sayed

Babalal H [AIR 2010 SC 1907], the petitioner is

directed to pay graded cost of Rs.15,000/- to the High

Court Legal Services Committee within four weeks from

today.

5. The revision petition stands disposed off on the

above terms. The sum of Rs.1,00,000/- already deposited

before the Trial Court shall be released to the respondent

and a sum of Rs.5,000/- deposited before the Trial Court

shall be released in favour of the State.

List on 09.02.2023 for payment of graded cost.

Sd/-

JUDGE

PMR