Dismissed

Sri. Veerabhadra (Kumar) v. Sri. v Srinivas

Karnataka HC10 Feb 2023CRL.RP/1238/2019

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision petition against convictions and affirmed judgment. Noting the petitioner served the sentence, the Court ordered release of the petitioner's deposited sum to the respondent instead, and remanded records.

What did the court decide?

Sum of Rs.58,750/- deposited by petitioner ordered to be released in favour of the respondent; records to be returned.

Sri. Veerabhadra (Kumar) Vs Sri. v. Srinivas — Cheque Dishonour | Karnataka HC (2023)

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1 - CRL.RP No. 1238 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 1238 OF 2019

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BETWEEN:

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SRI. VEERABHADRA (KUMAR) S.V.S. CABLE OFFICE, NO.531, 1^ST CROSS, J.P.NAGAR 2^ND STAGE, MARENAHALLI, BANGALORE - 560 078. NO.88, 1^ST CROSS, 22^ND MAIN ROAD, VINAYAKANAGAR, J.P.NAGAR 5^TH STAGE, BANGALORE - 560078.

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…PETITIONER

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(BY SRI. KIRAN N., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. V. SRINIVAS S/O DODDAVENKATARAMAIAH, AGED ABOUT 43 YEARS, R/AT NO.35, 22^ND MAIN ROAD VINAYAKANAGAR, 5^TH STAGE J.P.NAGAR, BANGALORE - 560 086.

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…RESPONDENT

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(BY SRI. H.P. GANGESH GOWDA, ADVOCATE)

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THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 04.09.2019 PASSED BY THE LVI ADDITIONAL CITY CIVIL AND

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CRL.RP No. 1238 of 2019

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SESSIONS JUDGE, BENGALURU IN CRL.A.NO.2594/2018 AND SET ASIDE THE JUDGMENT AND ORDER DATED 26.09.2018 PASSED BY THE XII ADDITIONAL AND XXXVII ADDL.C.M.M., BENGALURU, SCCH8 IN C.C.NO.2982/2018 BY RESTORING THE CASE FOR TRIAL AND FRESH CONSIDERATION.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has challenged the judgment of conviction dated 26.09.2018 passed by the XII Addl. And XXXVII Addl. C.M.M. Bengaluru (SCCH - 8) (henceforth referred to as 'Trial Court' for short) in C.C.No.2982/2018 convicting him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentence to pay fine of Rs.2,35,000/-. The petitioner has also challenged the judgment dated 04.09.2019 passed by the LVI Addl. City Civil and Sessions Judge, Bengaluru (CCH - 57) in Crl.A.No.2594/2018 by which, the judgment of conviction passed by the Trial Court was upheld.

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When this revision petition was listed for admission, a memo is filed by the learned counsel for the petitioner stating that the petitioner was arrested pursuant to a warrant of arrest

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3 - CRL.RP No. 1238 of 2019

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to enforce the order of sentence passed by the Trial Court and that he served the default sentence for a period of six months. He has also produced a release certificate issued by the Chief Superintendent, Central Prison, Bengaluru. He therefore, submits that since the petitioner has served the full sentence, the sum of Rs.58,750/- deposited by him before the Trial Court be released to him.

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Since the petitioner has already undergone sentence, no further orders need be passed in this revision petition. However, since the petitioner had deposited a sum of Rs.58,750/-, which was not the full fine ordered by the Trial Court, the said sum cannot be released to the petitioner. Hence, the sum of Rs.58,750/- deposited by the petitioner before the Trial Court is ordered to be released in favour of the respondent.

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The revision petition stands disposed off on the above terms.

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In view of disposal of revision petition, pending I.As., if any, do not survive for consideration.

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CRL.RP No. 1238 of 2019

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The Registry is directed to forthwith return the Trial Court as well as the Appellate Court records.

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Sd/JUDGE

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PMR List No.: 1 Sl No.: 38

Sri. Veerabhadra (Kumar) v. Sri. v Srinivas

Case brief

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Sri. Veerabhadra (Kumar) v. Sri. v Srinivas

Case brief

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