Sri V Govinda vs Sri Radhakrishna M S
2024 Latest Caselaw 14676 Kant

Karnataka High Court

Sri V Govinda vs Sri Radhakrishna M S on 26 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                 NC: 2024:KHC:23529
                                              CRL.RP No. 70 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 26TH DAY OF JUNE, 2024

                                   BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
                CRIMINAL REVISION PETITION NO. 70 OF 2021
            BETWEEN:

            SRI. V. GOVINDA,
            AGED ABOUT 53 YEARS,
            S/O VARADAN, PROPRIETOR,
            C.D.SHOP, OPP: KARNATAKA BANK,
            R/AT HANUMANTH NAGAR, SRINGERI TOWN,
            CHIKKAMAGALURU - 577 139.
                                                      ...PETITIONER
            (BY SRI. K. PRASANNA SHETTY, ADVOCATE)

            AND:

            SRI. RADHAKRISHNA M.S,
            S/O SHANKARANARAYAN JOIS,
            AGED ABOUT 51 YEARS,
Digitally   R/AT SUBASH STREET,
signed by   OPP. PALLAVI LODGE, SRINGERI TOWN,
MALATESH
KC          CHIKKAMAGALURU DISTRICT - 577 139.
Location:                                            ...RESPONDENT
HIGH
COURT OF    (BY SRI. VENKATESHA DODDERI, ADVOCATE)
KARNATAKA
                 THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT DATED 29.10.2020
            PASSED BY THE HONBLE PRINCIPAL DISTRICT AND SESSIONS
            JUDGE, CHIKKAMAGALURU IN CRL.A.NO.67/2019, AND ALSO
            SET ASIDE THE JUDGMENT AND SENTENCE DATED 18.02.2019
            IN C.C.NO.207/2014 PASSED BY THE CIVIL JUDGE AND JMFC,
            SRINGERI.
                                  -2-
                                                  NC: 2024:KHC:23529
                                             CRL.RP No. 70 of 2021




     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
                            ORDER

A memo is filed reporting the payment of entire fine

amount before the Trial Court. If that is so, then the fine

imposed by the Trial Court in a sum of Rs.2,000/- towards

the defraying expenses of the State needs to be set aside.

2. Accordingly, the following:

ORDER

i. Revision petition is allowed in part.

ii. While maintaining the conviction of the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, the fine amount ordered by the learned Trial Magistrate confirmed by the First Appellate Court in a sum of Rs.50,000/- is reduced to sum of Rs.48,000/- and sum of Rs.2,000/- ordered by the Trial Court towards the defraying expenses of the State is hereby set aside.

NC: 2024:KHC:23529

iii. Amount in deposit is ordered to be withdrawn by the complainant under due identification.

Sd/-

JUDGE

KAV

CT: BHK