Karnataka High Court
Sri S Chandrashekar vs Mandya District Co-Operative Central ... on 19 April, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:15630
CRL.RP No. 73 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 73 OF 2024
BETWEEN:
1. SRI S. CHANDRASHEKAR
S/O SIDDABASAVAIAH,
AGED ABOUT 43 YEARS,
WORKING IN GOVERNMENT
HIGHER PRIMARY SCHOOL
KENDAGOWDANAPURA VILLAGE,
KYATHANAHALLI POST,
HUNSURU TALUK
MYSURU DISTRICT-571105.
...PETITIONER
(BY SRI. A.G. BALLOLLI, ADVOCATE)
AND:
1. MANDYA DISTRICT CO-OPERATIVE CENTRAL LTD.,
Digitally signed
by DEVIKA M ARAKRE BRANCH, ARAKERE,
Location: HIGH SRIRANGAPATNA TALUK,
COURT OF MANDYA DISTRICT-571438,
KARNATAKA REP. BY ITS BRANCH MANAGER
...RESPONDENT
(BY SRI. SRINIVAS V., ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED
14.07.2023 IN CRL.A.NO.319/2022 PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU,
DISMISSING THE APPEAL FILED U/S 374(3) OF CR.P.C. AND
CONSEQUENTLY THE JUDGMENT OF CONVICTION AND
SENTENCE PASSED BY THE J.M.F.C. - III COURT, MYSURU IN
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NC: 2024:KHC:15630
CRL.RP No. 73 of 2024
C.C.NO.1570/2015 DATED 28.09.2022 IS THERE BY
CONFIRMED AND CONSEQUENTLY DISMISSED THE COMPLAINT
OF THE RESPONDENT AND ALLOW THIS REVISION PETITION
WITH COST.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and learned
counsel for the respondent.
2. This revision petition is filed against the judgment
of conviction and sentence passed in C.C.No.1570/2015 for the
offence punishable under Section 138 of NI Act, directing the
petitioner to pay a fine of Rs.1,80,000/- and in case of default,
to undergo simple imprisonment for six months. Out of the fine
amount, Rs.1,75,000/- shall be paid to the complainant as
compensation as per Section 357(1)(b) of Cr.P.C. and the
remaining amount of Rs.5,000/- shall defray to the State. The
same is challenged in Crl.A.No.319/2022 and the First Appellate
Court, on re-appreciation of evidence available on record,
confirmed the judgment of the Trial Court by dismissing the
appeal. Being aggrieved by the said judgment, the present
revision petition is filed.
NC: 2024:KHC:15630
3. Learned counsel for the petitioner would submit
that in view of the judgment passed by the Trial Court vide
order dated 28.09.2022, already Rs.1,10,000/- is deposited
before the Trial Court when the matter was pending and
subsequent to the judgment, the petitioner has deposited
Rs.50,000/- and in total, the petitioner has deposited
Rs.1,60,000/- and balance amount payable is only Rs.15,000/-.
Now, the petitioner has tendered a Demand Draft for a sum of
Rs.15,000/- to the learned counsel for the respondent. In view
of the payment, the question of considering the revision
petition does not arise.
4. Having perused the judgment passed by the Trial
Court, out of Rs.1,80,000/-, an amount of Rs.1,75,000/- is paid
by the revision petitioner, including the payment made before
this Court i.e., Rs.15,000/- by way of Demand Draft today. The
Trial Court has also ordered that, out of Rs.1,80,000/-, an
amount of Rs.5,000/- shall defray to the State. Hence, it is
appropriate to direct the revision petitioner to deposit an
amount of Rs.5,000/- before the Trial Court within one week
from today.
NC: 2024:KHC:15630
5. Learned counsel for the respondent would submit
that the total due as on February, 2024 is Rs.1,93,802/- in the
month of February. The respondent is a District Co-operative
Central Bank Limited, who filed the complaint and with regard
to due amount is concerned, the respondent-Co-operative
Central Bank Limited cannot forego the amount and the same
has to follow the procedure. Learned counsel for the
respondent would submit that in the month of February, 2024,
the due was Rs.1,93,802/- and the learned counsel for the
petitioner would contend that the amount which has been
claimed by the respondent is disputed by the revision petitioner
and in view of the judgment passed by the Trial Court, the
same is satisfied in respect of Cheque amount. The
complainant/respondent is a Co-operative Society and in
respect of the account maintained by the petitioner in the said
Society, if any dues other than the judgment passed by the
Trial Court in respect of the subject matter of Cheque, liberty is
given to the respondent-complainant to proceed against the
petitioner in accordance with law.
6. In view of the payment and compliance of the
judgment passed by the Trial Court, the revision petition is
NC: 2024:KHC:15630
disposed of. The revision petitioner is directed to produce the
receipt before the Registry within two weeks for having
deposited an amount of Rs.5,000/- before the Trial within one
week. If such receipt is not produced, the same shall be
brought to the notice of this Court for appropriate order.
Sd/-
JUDGE
ST
