Karnataka High Court
Sri Krishna S Bhat vs Sri G H Arunkumar Gadikatte on 21 May, 2024
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CRL.RP No. 486 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21STDAY OF MAY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL REVISION PETITION NO. 486 OF 2016
BETWEEN:
SRI KRISHNA S BHAT
S/O SRI SHIVA K BHAT
AGED ABOUT 55 YEARS
PRESENT R/A
ASSISTANT CONSERVATOR OF FORESTS
CHANNAGIRI SUB-DIVISION
CHANNAGIRI, DAVANAGERE DISTRICT - 571 121.
...PETITIONER
(BY SRI. P B UMESH, ADVOCATE FOR
SRI. R B SADASIVAPPA, ADVOCATE)
AND:
SRI G H ARUNKUMAR GADIKATTE
S/O SRI HARIYAPPA
AGED ABOUT 55 YEARS
OCC: PROPRIETOE
GAK MUTUAL BENEFIT FINANCE (R)
J.C.ROAD, SAGAR TOWN
SHIMOGA DISTRICT - 577 401.
...RESPONDENT
(BY SRI. S V PRAKASH, ADVOCATE)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
ORDER DATED 15.03.2016 PASSED BY THE COURT OF THE 5TH
ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA
SITTING AT SAGAR IN CRL.A.NO.118/2011 BY CONFIRIMING
THE JUDGMNET AND ORDER DATED 10.08.2011 PASSED BY
THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT SAGAR
IN C.C.NO.110/2010 AND ETC.,
THIS CRIMINAL REVISION PETITION HAVING BEEN
HEARD AND RESERVED ON 04.01.2024, COMING ON FOR
PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE
THE FOLLOWING:
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CRL.RP No. 486 of 2016
ORDER
1. This Criminal Revision Petition is filed by the
petitioner being aggrieved by the judgment of conviction and
order of sentence dated 10.08.2011 in C.C.No.110/2010 on the
file of the Senior Civil Judge and JMFC, Sagar and its
confirmation order dated 15.03.2016 passed in Crl.A
No.118/2011 on the file of the V Additional District and
Sessions Judge, Shivamogga, Sitting at Sagar for the offence
punishable under Section 138 of Negotiable Instrument (for
short 'N.I.') Act.
Brief facts of the case :
2. It is the case of the complainant that he was a
money lender by profession and having license. According to
him, the accused had borrowed a sum of Rs.1,25,000/- on
29.01.2001 and agreed to repay the same on or before
26.02.2002 with interest at the rate of 18% per annum. To
clear the said loan, the accused had issued a cheque bearing
No.059972 dated 18.10.2002 for the above said amount.
3. The said cheque was presented for encashment,
however, the same came to be dishonored with a shara "not
arranged for". The complainant issued a notice to the accused
regarding dishonor of cheque. Notice served to the accused.
However, the amount was not repaid. Hence, the complaint
came to be lodged before the Jurisdictional Magistrate.
4. The Trial Court after appreciating the oral and
documentary evidence on record, recorded the conviction and
sentenced the accused to undergo simple imprisonment for a
period of one year and also to pay a fine of Rs.1,50,000/-. In
default, he further sentenced to undergo simple imprisonment
for a period of one month. Further, the Trial Court ordered the
compensation of Rs.1,45,000/- payable to the complainant on
depositing the fine amount by the accused.
5. An appeal was preferred by the accused, being
aggrieved by the said judgment of conviction and order of
sentence. The Appellate Court confirmed the order of the Trial
Court and dismissed the appeal.
6. Being aggrieved by the same, the accused preferred
this revision petition contending interalia the cheque has been
materially altered by the complainant and the accused is not
liable to pay the amount as mentioned in the cheque.
7. Today the matter is listed for final hearing.
However, the learned counsel for the petitioner came with
Demand Draft of Rs.1,50,000/- and filed a memo along with
affidavit and sought to modify the sentence of imprisonment to
sentence of payment of fine by urging the grounds mentioned
in the affidavit. The averments of the affidavit which reads
thus:
1. I submit that I am the petitioner in the above
revision petition and am conversant with facts
of the case. I further submit that I am residing
in the above address along with my wife who is
also aged around 58 years.
2. I submit that I am retired Government
Employee. I further submit that I am diabetic
patient. Further I also suffering from age old
illness. I further submit that I have deposited
the fine amount of Rs.1,50,000/- vide DD
No.922295 dated 31.01.2024 as per the order
passed by this Hon'ble Court.
3. I submit that considering my age and age-old
illness which I am suffering, I pray that this
Hon'ble Court be pleased Pardon me from the
sentence imposed by the Hon'ble Senior Civil
Judge and JMFC, Sagar in C.C.No.110/2010 by
allowing this Criminal Revision Petition."
8. After having considered the averments of the
affidavit and also the nature of the case, I am of the considered
opinion that the prayer of the petitioner may be accepted and
the sentence of imprisonment for one year can be modified into
sentence of payment of fine.
9. In the light of the observation made above, I
proceed to pass the following :
ORDER
(i) The Criminal Revision Petition is allowed in part.
(ii) The judgment of conviction and order of
sentence passed by the Trial Court and its
confirmation order passed by the Appellate Court
is modified.
(iii) The petitioner is sentenced to pay a fine of
Rs.1,50,000/-.
(iv) The petitioner is directed to validate the demand
draft within a period of ten days from the date of
this order and ordered to be deposited the same
before this Court.
(v) Registry is directed to make necessary
arrangement for payment of compensation to
the complainant a sum of Rs.1,45,000/- on
proper identification. The remaining balance may
be adjusted to the exchequer of the State.
Sd/-
JUDGE
JS
