Karnataka High Court
Mr U K Venkatesh vs Mr K N Sreenivasa on 2 January, 2023
Bench: R. Nataraj
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CRL.RP No. 688 of 2018
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. 688 OF 2018
BETWEEN:
MR.U.K.VENKATESH
S/O MR.ANGADI KENCHAPPA
AGED ABOUT 53 YEARS
R/AT UPPARARA STREET
HOLEHONNUR POST
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT - 577 227.
...PETITIONER
(BY SRI.PRAKASH K.A., ADVOCATE)
AND:
MR.K.N.SREENIVASA
S/O LATE NAGAPPAIAH
AGED ABOUT 57 YEARS
R/AT KESARAGUTTI POST
BHARATHIPURA POST
THIRTHAHALLI TALUK
SHIVAMOGGA DISTRICT - 577 432.
...RESPONDENT
Digitally signed (BY SRI. PRADEEP H.S., ADVOCATE)
by SUMA
Location: HIGH THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401 OF
COURT OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 21.06.2016
KARNATAKA PASSED IN C.C.NO.224/2005 ON THE FILE OF THE LEARNED
PRINCIPAL CIVIL JUDGE AND JMFC, THIRTHAHALLI CONVICTING
THIS PETITIONER HEREIN TO UNDERGO S.I FOR 2 MONTHS AND
ALSO TO PAY A FINE OF RS.50,000/- AND EXAMINE THE LEGALITY,
PROPRIETY AND CORRECTNESS OF THE CONVICTION PASSED
THEREON AND ETC.
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CRL.RP No. 688 of 2018
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The present petition arises out of the concurrent
judgment and order sentencing the petitioner for an offence
punishable under Section 138 of the Negotiable Instruments
Act, 1881.
2. Learned counsel for the petitioner submits that he
has deposited the entire cheque amount before the trial Court.
He has also filed a memo enclosing a demand draft for a sum of
Rs.6,000/- being 15% of the graded cost as ordered by the
Appellate Court in the case of DAMODAR S. PRABHU VS.
SAYED. BABALAL H. reported in AIR 2010 SC 1907.
3. Learned counsel for the respondent admits that the
petitioner has deposited the entire cheque amount and that he
has no objection for compounding the offence committed by
the petitioner under Section 138 of the Negotiable Instruments
Act, 1881, subject to he being permitted to withdraw the
amount deposited before the Trial Court.
CRL.RP No. 688 of 2018
4. In view of the aforesaid submission, the revision
petition is disposed off compounding the offence committed by
the petitioner under Section 138 of the Negotiable Instruments
Act, 1881. Consequently, the judgment dated 21.06.2016
passed by the Principal Civil Judge and JMFC, Thirthahalli in
C.C.No.224/2005 and the judgment dated 18.03.2017 passed
by the III Additional Sessions Judge, Shivamogga in
Crl.A.No.69/2016 is set aside and the sentence awarded by the
Trial Court is also set aside.
The respondent is at liberty to withdraw the amount
deposited by the petitioner before the trial Court.
Sd/-
JUDGE
NR/-
