Smt Sathyabhama vs Smt Sarojamma
2023 Latest Caselaw 6796 Kant

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                                                    CRL.RP No. 740 of 2015
                                                        NC: 2023:KHC:34750




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 25TH DAY OF SEPTEMBER, 2023

                                       BEFORE
                   THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                   CRIMINAL REVISION PETITION NO. 740 OF 2015
                BETWEEN:

                SMT. SATHYABHAMA,
                W/O NAGARAJA B.M,
                AGED ABOUT 55 YEARS,
                C/O LAKSHMANAPPA,
                VIDDINAKOPPA, M.R.S. ROAD,
                JYOTHINAGAR, SHIMOGA - 572 015.
                                                             ...PETITIONER
                (BY SMT. ARCHANA K. M, ADVOCATE)

                AND:

                SMT. SAROJAMMA,
                W/O ERANNA,
                AGED ABOUT 57 YEARS,
                D. NO. 46, VARADARAJ NILAYA,
Digitally       BEHIND CHANDRALAYA,
signed by
RENUKAMBA       JANNAPURA, BHADRAVATHI - 572 015.
KG                                                          ...RESPONDENT
Location:       (BY SRI. CHANDRAKANTH R. PATEL, ADVOCATE)
High Court of
Karnataka            THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND
                SENTENCE DATED 30.08.2012 PASSED BY THE LEARNED CIVIL
                JUDGE    AND    ADDITIONAL   JMFC    BHADRAVATHI    IN
                C.C.NO.4012/2010 IN CONVICTING THE PETITIONER FOR AN
                OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
                NEGOTIABLE INSTRUMENTS ACT AND THE JUDGMENT PASSED
                IN CRL.APPEAL 187/2012 DATED 16.04.2015 ON THE FILE OF
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                                          CRL.RP No. 740 of 2015
                                                NC: 2023:KHC:34750




IV ADDITIONAL DISTRCIT & SESSIONS JUDGE SHIVMOGA
SITTING AT BHADRAVTHI.

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

Learned counsel Smt. Archana .K.M has filed memo

of appearance for the revision petitioner and she has

produced the certified copy of the order sheet in

C.C.No.4012/2010, wherein, it is evident that the revision

petitioner/accused was arrested and was remanded to

judicial custody on 03.09.2023.

2. Further, order sheet dated 22.09.2023 discloses

that the revision petitioner has paid the entire fine amount

of Rs.77,000/- imposed by the trial Court. The conviction

by the trial Court is for the offence punishable under

Section 138 of Negotiable Instruments Act, 1881 and fine

imposed was itself for Rs.77,000/-. The said order being

challenged in the appeal which came to be dismissed and

now the matter is being assailed by way this revision. But

when the revision petitioner, has paid the entire fine

amount, it was the duty of the learned Magistrate to

CRL.RP No. 740 of 2015 NC: 2023:KHC:34750

release the revision petitioner but the learned Magistrate

extended the remand on the ground that there is an order

passed by this Court to remand her until further orders by

this Court.

3. However, when the fine imposed by the trial

Court is completely paid, the learned Magistrate has no

power to remand the revision petitioner any further and it

amounts to illegal detention.

4. Smt. Archana .K.M has filed a memo stating

that since the entire fine amount is deposited by the

petitioner, he is not interested in prosecuting the matter.

5. The aforesaid memo is placed on record.

6. In view of the memo, the revision petition is

dismissed as withdrawn.

7. Since, the entire fine amount is already paid by

the revision petitioner the learned Magistrate is directed to

issue release intimation of the revision petitioner

immediately.

CRL.RP No. 740 of 2015 NC: 2023:KHC:34750

Release intimation shall be issued by hand as prayed

for.

Sd/-

JUDGE

URN

CT: BHK