Karnataka High Court
P Susheelamma vs Kempegowda on 9 July, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:25124
CRL.RP No. 1460 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION NO. 1460 OF 2019
BETWEEN:
P. SUSHEELAMMA
D/O K. JAVANAIAH,
AGED ABOUT 48 YEARS,
R/AT CHAMUNDESHWARI NAGAR,
8TH CROSS, MANDYA CITY - 571 401.
...PETITIONER
(BY SRI. VEERESHA, ADVOCATE FOR
SRI. CHANDRASHEKAR H.B, ADVOCATE)
Digitally signed by
AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
KEMPEGOWDA,
COURT OF S/O BOREGOWDA,
KARNATAKA
AGED ABOUT 53 YEARS,
R/AT GULIKOPPALU VILLAGE,
MANDYA TALUK - 571 401.
...RESPONDENT
(RESPONDENT - KEMPEGOWDA SERVED)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION AND SENTENCE DATED 31.05.2019 PASSED BY
THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS
JUDGE, MANDYA IN CRL.A.NO.4/2019 AND THE JUDGMENT
AND ORDER OF CONVICTION AND SENTENCE DATED
12.10.2018 PASSED BY THE LEARNED II ADDITIONAL CIVIL
JUDGE AND JMFC AT MANDYA IN C.C.NO.957/2017 AND
CONSEQUENTLY DISMISS THE COMPLAINT IN TO.
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CRL.RP No. 1460 of 2019
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
The petitioner - accused has been convicted for
offence under Section 138 of the Negotiable Instruments
Act, 1881 (hereinafter referred to as `N.I. Act') and
sentenced to pay a fine of Rs.2,00,000/- and in default to
undergo simple imprisonment for six months. Out of the
said fine amount, a sum of Rs.1,95,000/- has to be paid to
the complainant as compensation and Rs.5,000/- has to
be appropriated to the State. The said judgment of
conviction has been challenged by the petitioner-accused
before the Sessions Court in Crl.A.No.4/2019 and the
same has been dismissed on merits affirming the
judgment of conviction and order of sentence.
2. Learned counsel for the petitioner submits that
he has paid Rs.70,000/- to the complainant prior to the
judgment and the complainant in that regard has filed a
memo dated 06.08.2020 before the Trial Court and the
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HC-KAR
same has been recorded in the order sheet of the Trial
Court on 11.08.2020. Learned counsel further submits
that the petitioner has deposited balance amount of fine of
Rs.1,30,000/- before the Trial Court on 21.11.2020. The
order sheet of the Trial Court indicate the same that the
petitioner has deposited a sum of Rs.1,30,000/- on
21.11.2020. The complainant has withdrawn a sum of
Rs.1,25,000/- out of Rs.1,30,000/- deposited by the
petitioner and it is reflected in the order sheet of the Trial
Court dated 09.04.2021 and 02.06.2021. The balance
amount of Rs.5,000/- has been appropriated to the State.
3. Considering the above aspect, the petitioner
has paid entire fine amount of Rs.2,00,000/- as per the
judgment dated 12.10.2018 passed in C.C.N0.957/2017
and affirmed in Crl.A.No.4/2019. In view of the payment
of entire fine amount, there is no need for continuation of
this Criminal Revision Petition. Hence, this Criminal
Revision Petition is disposed of.
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HC-KAR
4. In view of the above, bailable warrant issued to
the respondent is recalled.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
GSR
CT: BHK
