Sri Nanje Gowda v. Sri C Kumarswamy
Case brief
What is this about?
The Court allowed the criminal revision petition in part. While affirming the conviction and findings in an cheque bouncing case, the Court modified the excessive fine of Rs. 3,05,000 (exceeding twice the cheque value) to Rs. 2,05,000 for proportionality, permitting withdrawal of existing deposit.
What did the court decide?
The fine is modified to Rs. 2,05,000; Rs. 1,50,000 withdrawn from deposit; balance Rs. 55,000 to be paid in four weeks.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 15TH DAY OF OCTOBER, 2014
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL REVISION PETITION No.3 OF 2014
BETWEEN:
Sri. Nanje Gowda, Son of Doddegowda, Age: 60 years, Residing at Bindenahalli Village, Devalapura Hobli, Nagamangala Taluk, Mandya District 571 401.
…PETITIONER
(By Shri. Sudharshan .L, Advocate) AND:
Sri. C. Kumarswamy, Son of K.B.Channappa Gowda, Age: 53 years, Residing at Kambadahalli, Bindiganavile Hobli, Nagamangala Taluk, Mandya District – 571 401.
…RESPONDENT
Issues for consideration
2 issues framed by the court
Whether a fine imposed under Section 138 of the NI Act exceeding twice the cheque value warrants modification for proportionality.
Whether the revision petitioner can demonstrate perversity in findings of fact below.
Parties & counsel
- petitioner
Nanje Gowda
- respondent
C. Kumarswamy
Coram
Anand Byrareddy
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- CRL.RP/3/2014
Similar cases
Judgements on the same questions, provisions and authorities, from every court