Sri Govind v. Jathar v Sri P Khanchand
Case brief
What is this about?
Revision petition under Section 397 Cr.P.C. challenging conviction under Section 138 NI Act. Court confirmed conviction but modified sentence, converting awarded compensation into a fine to avoid immediate imprisonment.
What did the court decide?
Conviction confirmed; sentence of imprisonment set aside in favor of fine of Rs.2.85 lakhs; Rs.2.75 lakhs of fine as compensation to complainant; default leads to three months' imprisonment.
What the court decided
A compact analysis
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.
- 1 - NC: 2023:KHC:29464 CRL.RP No. 711 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL REVISION PETITION NO. 711 OF 2019
BETWEEN:
SRI. GOVIND .V JATHAR, S/O LATE VIBHAKAR JATHAR, AGED ABOUT 44 YEARS, PROPRIETOR OF M/S. SRI. GANESH TRADERS, NO.B-91, 1ST STAGE, 2ND CROSS, PEENYA INDUSTRIAL ESTATE, BANGALORE-560 058.
…PETITIONER
(BY SRI. SHRIVATSA, ADVOCATE FOR SRI. P.N. HEGDE, ADVOCATE)
AND:
Digitally signed by RENUKAMBA K G
Issues for consideration
3 issues framed by the court
Whether the judgment of conviction and sentence passed by the lower courts are perverse and require interference?
Whether the sentence of imprisonment should be modified in favor of a fine and compensation conversion?
How should the balance amount after acknowledging receipts and payments be treated for sentencing?
Parties & counsel
- petitioner
Govind V Jathar
- respondent
P. Khanchand
Coram
Rajendra Badamikar
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- CRL.RP/711/2019
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