Smt. Sunanda vs Sri. Rajanna
2024 Latest Caselaw 18795 Kant

Karnataka High Court

Smt. Sunanda vs Sri. Rajanna on 26 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                        NC: 2024:KHC:29719
                                                    CRL.RP No. 705 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 26TH DAY OF JULY, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
               CRIMINAL REVISION PETITION NO. 705 OF 2021
            BETWEEN:

            SMT. SUNANDA,
            W/O SUBHASH,
            AGED 38 YEARS,
            R/AT NO.59, 2ND F CROSS,
            3RD MAIN, CHOWDESHWARI NAGARA,
            LAGGERE,
            BENGALURU - 560 057.
                                                             ...PETITIONER
            (BY SRI. SHRIDHARA K., ADVOCATE)

            AND:

            SRI. RAJANNA,
            S/O LATE THIMMAIAH,
Digitally   AGED 54 YEARS,
signed by
MALATESH    R/AT NO.272, 5TH MAIN,
KC          LADU BAI SAMUDAYA BHAVANA,
Location:   PREM NAGARA, LAGGERE,
HIGH
COURT OF    PEENYA INDUSTRIAL AREA,
KARNATAKA   BENGALURU - 560 058.
                                                            ...RESPONDENT
            (BY SMT.H.V.KATHYAYINI DEVI, ADVOCATE FOR
                SRI. V LAKSHMI KANTHA RAO., ADVOCATE)

                   THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C.,
            PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
            CONVICTION     PASSED    IN         C.C.NO.15688/2017   DATED
                                -2-
                                               NC: 2024:KHC:29719
                                           CRL.RP No. 705 of 2021




06.09.2018 ON THE FILE OF THE XII AND XXXVII A.C.M.M., AT
BENGALURU FOR THE OFFENCE P/U/S 138 OF THE N.I ACT
AND ALSO SET ASIDE THE JUDGMENT AND ORDER DATED
02.02.2021 PASSED IN CRL.A.NO.2021/2018 ON THE FILE OF
THE   LVIII    ADDL.CITY   CIVIL     AND   SESSIONS    JUDGE   AT
BENGALURU.

      THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                           ORAL ORDER

IA No.1/2024 filed under Section 147 of the Negotiable

Instruments Act is signed by the respective parties and the

respective Advocates along with the affidavit.

2. In view of payment of the entire fine amount as

ordered by the trial Magistrate confirmed by the First Appellate

Court, accused stands acquitted.

The amount in deposit is ordered to be withdrawn by the

complainant under due identification.

NC: 2024:KHC:29719

The fine amount of Rs.5,000/- towards defraying

expenses of the State imposed by the trial Magistrate,

confirmed by the First Appellate Court stands set aside.

Accordingly, revision petition stands disposed of.

Sd/-

(V SRISHANANDA) JUDGE

PN