Appellant filed criminal appeal to enhance sentence for Section 138 NI Act offence arising from revisional order. Court inferred maintenance defect as appeal was against Section 397 Cr.P.C. order instead of inherent powers under Section 482 and disposed it as not maintainable.
Appeal disposed of as not maintainable.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL APPEAL NO.326/2021
BETWEEN:
CHIKKANNA.H.C S/O LATE CHIKKATHIMMAIAH AGED ABOUT 64 YEARS R/AT NO.340, 4TH CROSS CHOWDESHWARINAGAR LEGGERE, BANGALORE – 560 058 ...APPELLANT
(BY SRI MAHESH S.N., ADVOCATE [ABSENT])
AND:
SRI H.T.CHANNAIAH S/O LATE THIMMAIAH GOVT. EMPLOYEE AGED ABOUT 51 YEARS R/AT NO.60, 1ST CROSS, 2ND MAIN NEAR POLICE CHOWKI CHOWDESHWARINAGARA LAGGERE, BANGALORE – 560 058
AND ALSO WORKING AS A DRIVER AT WOMEN AND CHILD DEVELOPMENT OF KARNATAKA 1ST FLOOR, M.S.BUILDING DR.AMBEDKAR VEEDI BANGALORE – 560 001 ...RESPONDENT
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF THE CR.P.C. PRAYING TO ENHANCE THE SENTENCE IN CRL.R.P.NO.927/2016 DATED 17.08.2019 PASSED BY THE LXII-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AGAINST THE RESPONDENT TO DOUBLE THE CHEQUE AMOUNT AND ALSO SENTENCE HIM TO UNDERGO
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SIMPLE IMPRISONMENT FOR A PERIOD OF TWO YEARS FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
None appears for the appellant either through video
conferencing or present before the Court physically.
complainant in C.C.No.13316/2016. The said criminal prosecution is initiated by the complainant against the accused who is the respondent herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the NI Act’ for short) by following the requisite conditions in the Section itself. The trial Court on 07.11.2016 convicted the accused in C.C.No.13316/2016 for the aforesaid offence which is incorporated in the operative portion of the order.
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the revisional Court set aside the compensation awarded by the trial Court to the complainant and awarded a sum of Rs.8,00,000/- excluding the amount covered in Crl.A.No.1390/2016 by the accused and the same shall be paid to the complainant within a period of 30 days from the date of the order which is incorporated in the operative portion of the order in the revision petition.
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the revisional Court in Crl.R.P.No.927/2016. Therefore keeping in view the office note made in this appeal, it is deemed appropriate that this appeal does not survive for consideration and consequently in terms of the reasons stated above, this appeal is disposed of as not maintainable.
Sd/JUDGE
KSR
1 issue framed by the court
Whether a criminal appeal under Section 372 Cr.P.C. is maintainable against an order passed by a revisional court under Section 397 Cr.P.C. in a case involving Section 138 NI Act.
3 provisions across 1 enactments
CHIKKANNA.H.C
SRI H.T.CHANNAIAH
K.SOMASHEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
