A Babu v. Manjappa T
Case brief
What is this about?
High Court allowed criminal revision partly. It upheld conviction under NI Act Section 138 but set aside imprisonment, awarding a fine of ₹1,25,000 in installments due to unaddressed medical records.
What did the court decide?
Conviction maintained; imprisonment of two months set aside; fine of ₹1,25,000 awarded in four equal monthly installments starting 25th August 2021 with six months default imprisonment.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2021 BEFORE
THE HON’BLE Mr. JUSTICE V. SRISHANANDA Criminal Revision Petition No.234 OF 2019
BETWEEN:
A. Babu, S/o. Armugama, Aged about 49 years, Brick Business, Seetharampura Village, Kudligere Post, Bhadravathi Taluk, Shivamogga District – 577301.
..Petitioner
(By Sri. K.V. Sateeshchandra, Advocate)
AND:
Manjappa T., S/o. Thimappa, Aged about 48 years, R/at. Othigatta Village, Sogane Post, Shivamogga District -577201.
.. Respondent
(By Sri. Danappa P. Panibhate, Advocate)
Issues for consideration
3 issues framed by the court
Whether the trial and conviction were suffering from patent defect, legal infirmity, or perversity due to a premature complaint and unproven mental condition plea?
Whether the sentence of imprisonment and fine imposed on the accused was excessive given the mitigating circumstances and health condition?
Whether the criminal revision petition, filed under Sections 397 and 401 CrPC, regarding cheque dishonour under the NI Act should be allowed in part?
Parties & counsel
- petitioner
A. Babu
- respondent
Manjappa T.
Coram
V. SRISHANANDA
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- CRL.RP/234/2019
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