P V Muniraju vs K V Ramakrishna Reddy
2024 Latest Caselaw 10486 Kant

Citation : 2024 Latest Caselaw 10486 Kant
Judgement Date : 16 April, 2024

Karnataka High Court

P V Muniraju vs K V Ramakrishna Reddy on 16 April, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                   -1-
                                                                NC: 2024:KHC:15120
                                                           CRL.RP No. 1525 of 2016




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 16TH DAY OF APRIL, 2024

                                                BEFORE
                         THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                           CRIMINAL REVISION PETITION NO. 1525 OF 2016
                        BETWEEN:

                            P.V. MUNIRAJU,
                            S/O OF VENKATARAVANAPPA,
                            AGED ABOUT 40 YEARS,
                            R/AT PILLAKUNTA VILLAGE,
                            MANIGANAHALLI POST,
                            RONOOR HOBLI,
                            SRINIVASAPURA TALUK,
                            KOLAR DISTRICT - 563 135.
                                                                     ...PETITIONER
                        (BY SRI. PRAVEEN C.P., ADVOCATE)

                        AND:

                            K.V. RAMAKRISHNA REDDY,
Digitally signed by B       S/O K.B. VENKATA REDDY,
K
MAHENDRAKUMAR               AGED ABOUT 48 YEARS,
Location: High
Court of Karnataka          R/AT KODIGAL VILLAGE & POST,
                            MUNGANAHALLI HOBLI,
                            CHINTAMANI TALUK,
                            CHIKKABALLAPURA DISTRICT - 563 125.
                                                                    ...RESPONDENT
                        (BY SRI. M.C. JAYAKIRTHI, ADVOCATE)

                             THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
                        PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE
                        DATED 11.03.2016 PASSED BY THE ADDL. C.J. AND J.M.F.C.,
                        CHINTAMANI IN C.C.NO.380/2015 AND ALSO DATED
                        17.10.2016 PASSED BY THE II ADDL. DIST. AND S.J.,
                                   -2-
                                              NC: 2024:KHC:15120
                                        CRL.RP No. 1525 of 2016




CHICKBALLAPUR     (SITTING    AT    CHINTAMANI)                 IN
CRL.A.NO.32/2016 AND FURTHER ACQUIT THE APPELLANT.

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

The petitioner-accused, who is convicted for the offence punishable under Section 138 of Negotiable Instruments Act, and sentenced to pay cheque amount of Rs.70,000/-, failing which, the petitioner was sentenced to undergo simple imprisonment for a period of one year, is before this Court.

2. Today, learned counsel for the petitioner-accused, on instructions, submitted that, the petitioner-accused has handed over a sum of Rs.50,000/- to the respondent-complainant, who is present before this Court. The receipt of which is duly acknowledged by the complainant. He further submits that the balance amount of Rs.20,000/- will be paid on or before 30.04.2024.

3. The petitioner-accused having undertaken to pay balance amount of Rs.20,000/-, the impugned judgment and order of conviction and sentence requires to be set aside. Accordingly, I pass the following:

ORDER

i) The Criminal Revision Petition is allowed.

ii) The impugned judgment and order of conviction and sentence dated 11.03.2016 passed by the Additional Civil Judge

NC: 2024:KHC:15120

and JMFC, Chintamani in C.C.No.380/2015 and the judgment dated 17.10.2016 passed by the II Additional District and Sessions Judge, Chikkaballapur, (sitting at Chinthamani) in Criminal Appeal No.32/2016 are hereby set aside.