Smt C V Shashikala vs Sri Lakshminarasimhaiah
2024 Latest Caselaw 12246 Kant

Karnataka High Court

Smt C V Shashikala vs Sri Lakshminarasimhaiah on 3 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                        NC: 2024:KHC:18742
                                                   CRL.RP No. 494 of 2014




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 3RD DAY OF JUNE, 2024

                                        BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 494 OF 2014

              BETWEEN:

              SMT. C.V.SHASHIKALA W/O S.JANARDHANA,
              AGED ABOUT 49 YEARS,
              RESIDING AT NO.16, 5TH CROSS,
              2ND MAIN, AVALAHALLI NEW EXTN.
              BYATARANAPURA, MYSORE ROAD,
              BANGALORE - 560 026.
                                                             ...PETITIONER
              (BY SRI. NARAYANA V S., ADVOCATE)

              AND:

              SRI. LAKSHMINARASIMHAIAH S/O LATE
              VENKATAIAH, AGED ABOUT 57 YEARS,
              RESIDING AT NO.31,
Digitally     10TH MAIN, SHIVANAGAR,
signed by R
MANJUNATHA    BANGALORE - 560 010.
Location:                                                   ...RESPONDENT
HIGH COURT
OF            (BY SRI. VIJAYKUMAR PRAKASH., ADVOCATE)
KARNATAKA
                   THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING
              TO SET ASIDE THE ORDER OF CONFIRMATION OF CONVICTION AND
              SENTENCE DATED 15.4.2014 PASSED BY THE P.O., F.T.C.-V,
              BANGALORE IN CRL.A.NO.560/2012 AND ALLOW THIS ABOVE R.P.
              BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 6.2.2012
              PASSED    BY   THE   XIX   A.C.M.M.,  BANGALORE     CITY   IN
              C.C.NO.5206/2007 AND ORDER OF CONFIRMATION BY THE
              APPELLANT COURT DATED 15.4.2014.

                  THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
              COURT MADE THE FOLLOWING:
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                                                 NC: 2024:KHC:18742
                                             CRL.RP No. 494 of 2014




                             ORDER

Heard Sri. Narayana.V.S., learned counsel for the revision

petitioner and Sri. Vijaykumar Prakash, learned counsel for the

respondent.

2. The order of conviction passed under Section 138 of

the Negotiable Instruments Act, 1881 (for short 'N.I.Act') in

C.C.No.5206/2007, confirmed in Crl.A.No.560/2012 is

challenged in this revision petition.

3. A sum of Rs.60,000/- was the cheque amount and

fine amount was Rs.85,000/- imposed by the learned trial

Magistrate, confirmed by the First Appellate Court.

4. A sum of Rs.25,000/- was already deposited by the

accused-petitioner before the trial Court. Balance sum of

Rs.55,000/- is paid today by the accused to the counsel for the

complainant by way of Demand Draft.

5. Thus, entire sum of Rs.80,000/- as ordered by the

learned trial Magistrate as compensation is paid.

6. Sri. Narayana.V.S., learned counsel submits that

since no State missionary was involved, a sum of Rs.5,000/-

NC: 2024:KHC:18742

imposed by the learned trial Judge as fine amount towards

defraying expenses of the State needs to be set aside.

7. Taking note of the fact that the lis is between two

private persons, imposition of fine amount of Rs.5,000/- to be

appropriated towards the defraying expenses of the State is

hereby set aside.

8. In view of the payment of entire amount of

Rs.80,000/- by the accused to the complainant, following order

is passed.

ORDER

(i) Criminal Revision Petition is allowed; and

(ii) The accused-petitioner stands acquitted for the

offence punishable under Section 138 of the

N.I.Act; and

(iii) The amount of Rs.25,000/- deposited before the

trial Court is ordered to be released in favour of the

complainant under due identification.

Sd/-

JUDGE