Karnataka High Court
Sri V Raghavendra vs Sri Ramesh G on 8 November, 2024
Author: V Srishananda
Bench: V Srishananda
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CRL.RP No. 975 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 975 OF 2021
CONNECTED WITH
CRIMINAL REVISION PETITION NO.1005/2021
IN CRL.RP.NO.975/2021:
BETWEEN:
SRI. V. RAGHAVENDRA
NAIDU @ RAGHAVENDRA,
S/O K.V. RAMAIAH, AGED 48 YEARS,
NO.109, 4TH CROSS, 4TH MAIN,
MATHIKERE, BENGALURU - 560 054.
...PETITIONER
(BY SRI. JEEVAN K, ADVOCATE)
AND:
Digitally
signed by
MALATESH
KC SRI. RAMESH G,
Location: S/O LATE K. GOVINDA SETTY,
HIGH AGED 53 YEARS,
COURT OF
KARNATAKA RESIDING AT NO.47/1, 1ST FLOOR,
SRI. LAKSHMIVENKATESHWARA NILAYA,
12TH MAIN, 1ST STAGE,
GOKULA, MATHIKERE,
BENGALURU - 560 054.
...RESPONDENT
(BY SRI. M.B. RAVIKUMAR, ADVOCATE)
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CRL.RP No. 975 of 2021
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE LXI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
IN CRL.A.NO.1436/2016 DATED 02.06.2021 AND ALSO THE
JUDGMENT OF CONVICTION DATED 05.11.2016 IN
C.C.NO.3721/2013 PASSED BY THE XVIII ACMM, BANGALORE
AND TO DIRECT THE ACQUITTAL OF THE ACCUSED/
PETITIONER.
IN CRL.RP.NO.1005/2021:
BETWEEN:
SRI. V. RAGHAVENDRA
NAIDU @ RAGHAVENDRA,
S/O K.V. RAMAIAH, AGED 48 YEARS,
NO.109, 4TH CROSS, 4TH MAIN,
MATHIKERE, BENGALURU - 560 054.
...PETITIONER
(BY SRI. JEEVAN K, ADVOCATE)
AND:
H.V. SHYAMPRASAD,
SINCE DEAD,
REPRESENTED BY HIS L.R
B.N. SUDHA,
W/O H.V. SHYAMPRASAD,
AGED 53 YEARS,
R/AT NO.252, 13TH MAIN ROAD,
GOKULA 1ST PHASE, MATHIKERE,
BENGALURU - 560 054.
...RESPONDENT
(BY SRI. M.B. RAVIKUMAR, ADVOCATE)
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CRL.RP No. 975 of 2021
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT DATED 02.06.2021
PASSED BY THE LXI ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU IN CRL.A.NO.1435/2016 AND ALSO THE
JUDGMENT OF CONVICTION DATED 05.11.2016 PASSED BY
THE XVIII ADDL.C.M.M., BENGALURU IN C.C.NO.3722/2013
AND DIRECT THE ACQUITTAL OF THE ACCUSED/PETITIONER.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Heard.
2. These two revision petitions are filed by the
accused persons who suffered an order of conviction in CC
No.3721/2013 and C.C.No.3772/2013 confirmed by
Crl.A.No.1436/2016 and Crl.A.No.1435/2016 respectively.
3. Facts in brief which are utmost necessary for
disposal of the revision petitions are as under:
The complainants by name Sri. Ramesh G. and
Ramaprasad filed complaints under Section 138 of the
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Negotiable Instruments Act alleging the commission of the
offence against the common accused Raghavendra Naidu.
Both the cases were tried separately by the Trial
Magistrate and by considered judgment connected the
common accused in both the case.
4. Operative portion OF judgments in C.C.
No.3721/2013 and C.C. No.3722/2013 reads as under:
"Acting under Section 255(2) of Cr.P.C., accused is
covered for the offence punishable under Section 138 of
Negotiable Instruments Act 1881. He is sentenced to pay
fine of Rs.4,10,000/- (Rupees Four Lakhs Ten Thousand
only) and in default shall undergo simple imprisonment
for 3 (Three) months in each case.
Acting under Section 357(1)(b) of Cr.P.C., out of
the fine amount, in C.C.No.3721/2013 the complainant is
entitled for Rs.2,10,000/- (Rupees Two Lakhs Ten
Thousand only) as compensation.
Acting under Section 357(1)(b) of Cr.P.C., out of
the fine amount, in CC No.3722/2013 the complainant is
entitled for Rs.1,80,000/- (Rupees One Lakh Eighty
Thousand only) as compensation.
Acting under Section 357(1)(a) of Cr.P.C., the
balance amount of Rs.20,000/- (Rupees Twenty Thousand
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only) is defrayed to the State for the expenses incurred in
the prosecution.
The original Judgment shall be kept in CC
No.3721/2013 and the copy shall form part of the record
in CC No.3722/2013."
5. Being aggrieved by the same, accused
preferred Crl.A.No.1436/2016 and Crl.A.No.1435/2016.
The learned Judge in the First Appellate Court after
securing the records heard the parties in detail and
dismissed the appeals filed by the accused.
6. Being further aggrieved by the same, common
accused preferred these two revision petitions.
7. This Court having heard the parties, noticed
that the Trial Magistrate has rightly raised presumption in
favour of the complainant in both the cases as is found
under Section 139 of the Negotiable Instruments Act and
convicted the accused noting the facts that the accused
did not place any rebuttable evidence.
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8. Therefore, order of conviction passed by the
learned Trial Judge confirmed by the learned Judge in the
First Appellate Court convicting the accused and imposing
the fine cannot be re-adjudicated having regard to the
limited scope of this revisional jurisdiction except for the
fact that imposing the fine of Rs.10,000/- each towards
the defraying expenses which needs interference.
9. Accordingly, to that extent, the case is made
out by the accused/revision petitioner. Accordingly, the
following order :
ORDER
(i) Revision petitions are allowed in part.
(ii) While maintaining the conviction of the accused
in both the cases, fine amount awarded by the
learned Trial Magistrate confirmed by the First
Appellate Court is modified in a sum of
Rs.4,10,000/- is reduced to Rs.3,90,000/- and
out of Rs.3,90,000/-, the complainant in
C.C.No.3721/2013 is entitled to a sum of
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Rs.2,10,000/- and the complainant in
C.C.No.3722/2013 is entitled to a sum of
Rs.1,80,000/-.
(iii) Balance amount of Rs.20,000/- awarded by the
Trial Magistrate confirmed by the First Appellate
Court (Rs.10,000/- each) towards defraying
expenses is hereby set-aside.
(iv) Time is granted for the revision petitioner to
balance fine amount till 10.12.2024 failing
which accused shall undergo simple
imprisonment for a period of six months each in
both the cases one after the another.
(v) Office is directed to return the Trial Court
Records with copy of this Order, forth with.
Sd/-
(V SRISHANANDA)
JUDGE
SNC
CT: BHK
