Allowed

K R Govindarao v. K Vijay Kumar

Karnataka HC5 Dec 2023CRL.RP/49/2016

Case brief

AI extract

What is this about?

In this criminal revision petition under Section 397 Cr.P.C., the High Court of Karnataka allowed the petition and set aside the conviction and sentence upon the accused's compliance with the fine order and settlement between parties.

What did the court decide?

Revision petition allowed; conviction and sentence set aside; fine amount deposited before this Court directed to be transmitted to trial Court for release to respondent.

K R Govindarao Vs K Vijay Kumar — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:43920 CRL.RP No. 49 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 49 OF 2016

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BETWEEN:

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K.R. GOVINDARAO, S/O LATE RAGHUNATHA RAO, AGED ABOUT 74 YEARS, R/AT NO.788/41, 9TH CROSS, RAMANUJA ROAD, K.R. MOHALLA, MYSORE

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…PETITIONER

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(BY SRI. DIVAKARA P.S, ADVOCATE)

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AND:

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Digitally signed by USHA N S Location: High Court of Karnataka

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K. VIJAY KUMAR, S/O R.E. KRISHNA MURTHY, AGED ABOUT 45 YEARS, R/AT NO.338, D. SUBBAIAH ROAD, CHAMARAJA MOHALLA, MYSORE.

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(BY SRI. K. SRIDHARA, ADVOCATE)

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…RESPONDENT

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DATED 27.01.2009 PASSED BY THE PRINCIPAL CIVIL JUDGE (JR.DVN) AND JMFC AT SRIRANGAPATNA IN C.C.NO.71/2006 AND JUDGMENT AND SENTENCE DATED 13.06.2013 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA IN CRIMINAL

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2 - NC: 2023:KHC:43920 CRL.RP No. 49 of 2016

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APPEAL NO.31/2009 CONVICTING THE PETITIONER TO UNDERGO SIMPLE IMPRISONMENT FOR THREE MONTHS AND ALSO PAY FINE OF RS.27,000/-, IN DEFAULT OF PAYMENT OF FINE TO UNDERGO SIMPLE IMPRISONMENT OF ANOTHER THREE MONTHS AND FURTHER ACQUIT THE PETITIONER.

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

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ORDER

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Heard Sri Divakara P.S., learned Counsel for the petitioner and Sri K. Sridhara, learned Counsel for the respondent.

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The petitioner has filed this revision petition under

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Section 397 of the Code of Criminal Procedure to set aside the impugned judgment of conviction and sentence dated 13th June, 2013 passed by the learned II Additional District and Sessions Judge, Mandya in Criminal Appeal No.31/2009 confirming the judgment of conviction and sentence dated 27.01.2009 passed by the learned Principal Civil Judge (Junior Division) and JMFC., Srirangapatna, in C.C.No.71/2006.

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NC: 2023:KHC:43920 CRL.RP No. 49 of 2016

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The learned Counsel for the petitioner submits

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that the order of trial Court has been complied and the petitioner has deposited a sum of Rs.13,500/- before the trial Court and a sum of Rs.11,500/- before this Court.

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The respondent is present before the Court.

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The learned Counsel for the respondent submits

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that the petitioner has complied the direction of the trial Court, thus, he submits that, an amount of Rs.11,500/-

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deposited by the petitioner before this Court to be transmitted to the trial Court.

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The operative portion of judgment of trial Court is as under:

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"ORDER

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Accused is sentenced to simple imprisonment for three months and to pay a fine of Rs.27,000/- under Section 138 of NI Act in default to undergo simple imprisonment for three months.

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Out of the fine amount of Rs.27,000/- an amount of Rs.25,000/- shall be paid to the complainant as compensation as per Section 357(2) of Cr.P.C."

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4 - NC: 2023:KHC:43920 CRL.RP No. 49 of 2016

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In view of the order being complied by the accused by depositing the fine amount before the trial Court as well as before this Court, learned counsel for the accused submits that the sentence of imprisonment imposed by the trial Court and confirmed by the first Appellate Court be set aside. The learned counsel for the respondent also consented to set aside the sentence of imprisonment, in view of the fine deposited by the accused. Hence, the submissions of learned counsel for petitioner and the respondent are placed on record.

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In view of the settlement arrived at between the parties and in view of compliance of the order of the trial Court by the accused, it is just and necessary to set aside the sentence passed by the trial Court and confirmed by the First Appellate Court. Hence, I proceed to pass the following:

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ORDER

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(i) The revision petition is allowed ;

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5 - NC: 2023:KHC:43920 CRL.RP No. 49 of 2016

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(ii) The judgment of conviction and order on sentence dated 27.01.2009 passed by the learned Principal Civil Judge (Junior Division) and JMFC., Srirangapatna, in C.C.No.71/2006 which is confirmed by the learned II Additional District and Sessions Judge, Mandya in Criminal Appeal No.31/2009 dated 13th June, 2013, are hereby set aside; and

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(iii) Registry is directed to transmit the amount of Rs.11,500/- deposited by the petitioner before this Court to the trial Court, forthwith and the trial Court shall release the said amount in favour of the respondent on proper identification.

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Sd/JUDGE

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NSU/List No.: 1 Sl No.: 0 CT: BHK

K R Govindarao v. K Vijay Kumar

Case brief

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K R Govindarao v. K Vijay Kumar

Case brief

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