Karnataka High Court
Peersab B.K vs Guruprasanna on 3 April, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:13601
CRL.RP No. 259 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.259 OF 2017
BETWEEN:
1. PEERSAB B.K.
S/O KHASIM SAB,
AGED ABOUT 48 YEARS,
R/O. GANGAM BIKA EXTENSION,
JAGALUR TOWN
JAGALUR - 577 201.
...PETITIONER
(BY SRI HANUMANTHAPPA A., ADVOCATE)
AND:
1. GURUPRASANNA,
S/O K.M.DYAMANNA,
AGED ABOUT 35 YEARS,
Digitally signed
by SHARANYA T OCC: SITE AGENT
Location: HIGH R/O. NO.2586, 4TH MAIN,
COURT OF MCC-A BLOCK,
KARNATAKA DAVANAGERE-577 002.
...RESPONDENT
(BY SRI M.R.HIREMATHAD, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED IN
CRL.A.NO.63/2015 BY THE COURT OF II ADDL. DISTRICT AND
SESSIONS JUDGE, DAVANAGERE PASSED ON 19.01.2016 AND
JMFC III COURT, DAVANAGERE PASSED IN C.C.NO.526/2014
ON 24.04.2015 AND ACQUIT THE ACCUSED/PETITIONER.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:13601
CRL.RP No. 259 of 2017
ORDER
The learned counsel for the petitioner, the learned counsel
for the respondent and the revision petitioner are present. An
application is filed under Section 147 of the Negotiable
Instruments Act, 1881 ('NI Act' for short), wherein the parties
have settled the matter for the Cheque amount of Rs.2,00,000/-
and accordingly Rs.2,00,000/- is deposited before this Court.
2. In view of the settlement arrived between the
parties, the application filed under Section 147 of the NI Act is
allowed. The respondent is permitted to withdraw the amount,
which is in deposit and the petitioner is not having any objection
for release of the amount.
3. The Trial Court had convicted the accused/petitioner
and sentenced to pay a fine of Rs.2,30,000/- and in default to
undergo simple imprisonment for six months. In view of the
payment as per the settlement, the question of undergoing
sentence does not arise. However, the Trial Court while passing
the sentence, ordered to deposit the fine amount of Rs.5,000/-
to the State. The learned counsel for the petitioner submits that
the petitioner has made the payment of fine of Rs.5,000/- at the
time of suspending the sentence only and when the petitioner
NC: 2024:KHC:13601
was asked to produce the receipt for having made the payment,
the petitioner says that the receipt is not with him and if the
payment is not made, he is going to make the payment within
one week from today before the Trial Court. Hence, the
petitioner is directed to produce the receipt at the Registry for
having deposited the amount, within one week from today. If
the receipt is not produced, the matter will be revived.
4. The criminal revision petition is disposed of
accordingly.
5. In view of the settlement arrived between the
parties and the disposal of the revision petition, I.A.No.5/2017
for additional evidence does not survive for consideration.
Sd/-
JUDGE
MD
