Karnataka High Court
Jagannath K vs The Deputy Commissioner Of on 1 March, 2023
Bench: S Vishwajith Shetty
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CRL.RP No. 725 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P. NO. 725 OF 2014
BETWEEN:
JAGANNATH K
AGED 67 YEARS
MANAGING DIRECTOR OF
M/S. MADURA PALIMARS PVT. LTD
PLOT NO.155-A, BAIKAMPADY
INDUSTRIAL AREA
MANGALORE - 575 028.
...PETITIONER
(BY SRI PRAJWAL PATIL, ADV., FOR
SRI VENKATESH SOMAREDDI, ADV.)
Digitally
AND:
signed by B A THE DEPUTY COMMISSIONER OF
KRISHNA
KUMAR COMMERCIAL TAXED (AUDIT-1)
Location:
High Court of VANIJYA TERIGE, BHAVANA
Karnataka
II FLOOR, MAIDAN ROAD
MANGALORE - 575 001.
...RESPONDENT
(BY MRS. RASHMI JADHAV, HCGP)
THIS CRL.R.P. IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT OF CONVICTION AND THE ORDER OF
SENTENCE DATED 05.04.2013 PASSED BY THE JMFC V-COURT,
MANGALORE IN C.C.NO.1574/2010, WHICH IS CONFIRMED BY THE
IV ADDL.S.J., MANGALORE, D.K.., AS PER JUDGMENT DATED
21.08.2014 PASSED IN CRL.A.147/2013 AND ACQUIT THE
PETITIONER HEREIN IN C.C.NO.1574/2010 ON THE FILE OF JMFC V-
COURT, MANGALORE.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 725 of 2014
ORDER
This Criminal Revision Petition is filed challenging the
judgment and order of conviction and sentence dated
05.04.2013 passed by the J.M.F.C, (V Court), Mangalore, D.K.,
in C.C.No.1574/2010 and the judgment and order dated
21.08.2014 passed by the IV Addl. District & Sessions Judge,
D.K, Mangalore in Crl.A.No.147/2013.
2. Heard the learned counsel for the petitioner and the
learned High Court Government Pleader for respondent - State.
3. The cheque issued by the petitioner for
Rs.24,63,688/- towards arrears of tax and interest to the
respondent herein was dishonoured with the Bank endorsement
"Funds insufficient" and therefore, the respondent after
compliance of statutory requirement had filed private complaint
against the petitioner under Section 200 of Cr.P.C., for the
offences punishable under Section 138 of Negotiable
Instruments Act, 1881 (for short, the 'N.I. Act'). In the said
proceedings, the petitioner was convicted by the Trial Court for
the offence punishable under Section 138 of N.I. Act and he
was sentenced to pay fine of Rs.13,00,000/- and in default to
pay fine, undergo Simple Imprisonment for a period of 1 year.
CRL.RP No. 725 of 2014
The appeal filed by the petitioner against the said judgment
and order of conviction and sentence in Crl.A.No.147/2013 was
dismissed by the Appellate Court on 21.08.2014. It is in this
factual background, the petitioner is before this Court.
4. Learned counsel for the petitioner on 21.02.2023
produced order sheet of the Trial Court and submitted that the
entire fine amount of Rs.13,00,000/- has been already
deposited by the petitioner and the application filed by the
respondent-complainant for recovery of fine amount was
withdrawn. On 27.02.2023, the daughter of the petitioner had
filed an affidavit stating that the petitioner is suffering from
dementia and he is not mentally and physically fit to swear to
an affidavit and she has stated that the entire fine amount has
been paid by the petitioner as directed by the Trial Court in
C.C.No.1574/2010.
5. Learned High Court Government Pleader appearing
for respondent - State on instruction has submitted that the
entire fine amount imposed by the Trial Court in
C.C.No.1574/2010 has been deposited by the petitioner before
the Trial Court and recovery proceedings initiated by the
respondent-complainant is also closed.
CRL.RP No. 725 of 2014
6. Having regard to the said submission, nothing
survives for consideration in this revision petition. Accordingly,
the same is disposed of as having rendered infructuous.
Sd/-
JUDGE
NMS
