High Court Karnataka Criminal Revision Petitions dismissed. Petitioner convicted for offences under Section 138 of N.I. Act. Court found no ground to disturb findings as defence was improbable. Rejected plea for release under Section 428 Cr.P.C. as only default sentence applies.
Petitioners dismissed. Section 428 benefit denied. Inquiries disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION NO.515 OF 2020
C/W
CRIMINAL REVISION PETITION NO.510 OF 2020 CRIMINAL REVISION PETITION NO.512 OF 2020 CRIMINAL REVISION PETITION NO.513 OF 2020 CRIMINAL REVISION PETITION NO.514 OF 2020 CRIMINAL REVISION PETITION NO.516 OF 2020
IN CRL. RP No.515/2020:
BETWEEN:
SMT.R.KALAI SELVI, W/O THANGAMANI, AGED ABOUT 53 YEARS, NO.315, VIGNESH NILAYA, 6TH CROSS, 2ND BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 73.
…PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
AND:
MR.BHEEMANNA, S/O HANUMEGOUDRU,
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AGED ABOUT 55 YEARS, OCCUPATION: CIVIL ENGINEER, NO.571, 5TH CROSS, 3RD BLOCK, HMT LAYOUT, BANGALORE - 73.
…RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-76) BENGALURU IN CRL.A.NO.2163/2019 AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED BY THE XXVI ADDL.C.M.M., BENGALURU IN C.C.NO.19433/2017 AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.510/2020:
BETWEEN:
SMT.R.KALAI SELVI, W/O THANGAMANI, AGED ABOUT 53 YEARS, NO.315, VIGNESH NILAYA, 6TH CROSS, 2ND BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 73.
…PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
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AND:
MR.R.G.PRAKASH, S/O GANGADHAR, AGED ABOUT 46 YEARS, NO.273, 7TH CROSS, 3RD BLOCK, HMT LAYOUT, BANGALORE - 73.
…RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-76 IN CRL.A.NO.2164/2019 AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED BY THE XXVI A.C.M.M., AT BENGALURU IN C.C.NO.142/2017 AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.512/2020:
BETWEEN:
SMT.R.KALAI SELVI, W/O THANGAMANI, AGED ABOUT 53 YEARS, NO.315, VIGNESH NILAYA, 6TH CROSS, 2ND BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 73. (BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
…PETITIONER
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AND:
MR.BHEEMANNA, S/O HANUMEGOUDRU, AGED ABOUT 55 YEARS, OCCUPATION: CIVIL ENGINEER, NO.571, 5TH CROSS, 3RD BLOCK, HMT LAYOUT, BANGALORE - 73.
…RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-76 IN CRL.A.NO.2162/2019 AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED BY THE XXVI A.C.M.M., AT BENGALURU IN C.C.NO.26482/2016 AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.513/2020:
BETWEEN:
SMT.R.KALAI SELVI, W/O THANGAMANI, AGED ABOUT 53 YEARS, NO.315, VIGNESH NILAYA, 6TH CROSS, 2ND BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 73.
…PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
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AND:
MR.BHEEMANNA, S/O HANUMEGOUDRU, AGED ABOUT 55 YEARS, OCCUPATION: CIVIL ENGINEER, NO.571, 5TH CROSS, 3RD BLOCK, HMT LAYOUT, BANGALORE - 73.
…RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-76 IN CRL.A.NO.2170/2019 AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED BY THE XXVI A.C.M.M., AT BENGALURU IN C.C.NO.24889/2016 AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.514/2020:
BETWEEN:
SMT.R.KALAI SELVI, W/O THANGAMANI, AGED ABOUT 53 YEARS, NO.315, VIGNESH NILAYA, 6TH CROSS, 2ND BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 73.
…PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
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AND:
MR.R.G.PRAKASH, S/O GANGADHAR, AGED ABOUT 46 YEARS, NO.273, 7TH CROSS, 3RD BLOCK, HMT LAYOUT, BANGALORE - 73.
…RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-76), BENGALURU IN CRL.A.NO.2172/2019 AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED BY THE XXVI ADDL.C.M.M., BENGALURU IN C.C.NO.143/2017 AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE N.I. ACT.
IN CRL. RP No.516/2020:
BETWEEN:
SMT.R.KALAI SELVI, W/O THANGAMANI, AGED ABOUT 53 YEARS, NO.315, VIGNESH NILAYA, 6TH CROSS, 2ND BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE - 73.
…PETITIONER
(BY SRI. PARAMESHWAR N HEGDE, ADVOCATE)
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AND:
MR.BHEEMANNA, S/O HANUMEGOUDRU, AGED ABOUT 55 YEARS, OCCUPATION: CIVIL ENGINEER, NO.571, 5TH CROSS, 3RD BLOCK, HMT LAYOUT, BANGALORE - 73.
…RESPONDENT
(BY SRI.S.V.VADAVADAGI, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 12.06.2020 PASSED BY THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-76) BENGALURU IN CRL.A.NO.2169/2019 AND THE ORDER OF CONVICTION DATED 29.08.2019 PASSED BY THE XXVI ADDL.C.M.M., BENGALURU IN C.C.NO.19432/2017 AND CONSEQUENTLY ACQUIT THE PETITIONER FROM THE CHARGE UNDER SECTION 138 OF THE N.I. ACT.
THESE CRIMINAL REVISION PETITIONS COMING ON FOR
ADMISSION ALONG WITH I.A.1/2020 AND 2/2020 THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard Shri Parameshwar N. Hegde, learned counsel for the
common petitioner in all these cases.
dishonoured cheques. Her specific defence is that she did not borrow money and on the other hand, the cheques issued by her were misused by the respondents. But the Trial Court has given a finding that since the petitioner herself admitted in the insolvency petition No. 9/2016 filed by her in the City Civil Court that she was indebted to many persons including the respondents, and that she owed a sum of Rs.32,00,000/- to the respondents, her defence is improbable and held her guilty of offence under Section 138 of the N.I. Act. The findings of the Trial Court has been confirmed by the Appellate Court. On perusal of the Judgment of the Trial Court as well the Appellate
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Court, I am of the opinion that the petitioner has not made out any good ground to admit these revision petitions. The findings on facts cannot be disturbed.
imprisonment. In all these cases the petitioner has been directed to undergo simple imprisonment in case she defaults in paying the fine amount. Therefore, if she is serving the default sentence, it is always consecutive and therefore, benefit under Section 428 of Cr.P.C. cannot be granted.
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In the result, I do not find any merit to admit all these
petitions. Therefore, they are dismissed.
Consequently, all the pending I.As.1 and 2 of 2020 filed in
these revision petitions do not survive for consideration and they stand disposed of accordingly.
SD/JUDGE
sac*
2 issues framed by the court
Whether bare petitioners' admission of signature on dishonoured cheques amidst busy defence makes their pleas meritorious.
Whether petitioner can be released from custody by extending the benefit under Section 428 of Cr.P.C.
3 provisions across 2 enactments
Smt. R. Kalai Selvi
Mr. Bheemanna
Mr. R. G. Prakash
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
