Aslam Shareif vs Sri. K.R. Ramesha
2024 Latest Caselaw 18426 Kant

Karnataka High Court

Aslam Shareif vs Sri. K.R. Ramesha on 24 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                       NC: 2024:KHC:29170
                                                 CRL.RP No. 217 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 24TH DAY OF JULY, 2024

                                       BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 217 OF 2021
            BETWEEN:

                  ASLAM SHAREIF
                  S/O LATE KALANDAR SHAREIF,
                  C/O ABDUL LATHEIF,
                  AGED ABOUT 44 YEARS,
                  R/AT NO. 242, 2ND CROSS,
                  SURAGITOPU, PAPER TOWN,
                  BHADRAVATHI-577 245
                                                            ...PETITIONER
            (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE)

            AND:

                  SRI. K.R. RAMESHA
                  S/O LATE RANGEGOWDA,
Digitally         MAJOR,
signed by
MALATESH          R/O DOOR NO. IDK 62/B,
KC                NEW COLONY,
Location:         BHADRAVATHI-577 245.
HIGH
COURT OF                                                   ...RESPONDENT
KARNATAKA
            (BY SRI. T.S. VENKATESH, ADVOCATE)

                   THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT DATED 14.10.2019
            MADE IN CRIMINAL APPEAL NO.5005/2019 ON THE FILE OF
            THE    IV    ADDITIONAL   DISTRICT   AND   SESSION    JUDGE,
            SHIVAMOGA SITTING AT BHADRAVATHI AND TO SET ASIDE
                                            -2-
                                                                NC: 2024:KHC:29170
                                                         CRL.RP No. 217 of 2021




THE CONVICTION AND SENTENCE PASSED ON 20.02.2019 BY
THE   HONBLE       IV       ADDITIONAL            CIVIL     JUDGE       AND    JMFC,
BHADRAVATHI            IN    C.C.NO.3783/2013               FOR        AN   ALLEGED
OFFENCE P/U/S. 138 OF THE NEGOTIABLE INSTRUMENTS ACT,
AND THEREBY SENTENCING TO PAY A FINE OF RS.1,90,000/-
AND    IN     DEFAULT              OF     PAYMENT          OF      FINE,      SIMPLE
IMPRISONMENT FOR A PERIOD OF SIX MONTHS.

      THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR JUSTICE V SRISHANANDA


                                   ORAL ORDER

(PER: HON'BLE MR JUSTICE V SRISHANANDA)

Joint memo filed.

2. In view of the joint application/memo,

revision petition stands disposed of.

3. It is made clear that if the amount of

Rs.32,000/- as agreed is not paid as per the joint memo,

the order of conviction passed by the Trial Magistrate and

confirmed by the First Appellate Court stands

automatically restored.

NC: 2024:KHC:29170

4. After the payment of the entire amount, fine

amount of Rs.10,000/- imposed by the Trial Magistrate

and confirmed by the First Appellate Court towards the

defraying expenses of the State is hereby set aside.

Sd/-

(V SRISHANANDA) JUDGE

LDC