Appeal under Section 374(2) Cr.P.C against enhancement of fine in a cheque-dishonour conviction. The High Court held the appeal was not maintainable since the conviction was passed by the Metropolitan Magistrate, and dismissed it.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1281 OF 2019
BETWEEN:
SMT. VIJAYA D/O LATE NAGARAJAIAH AGED ABOUT 52 YEARS R/AT # 1081, 35TH “D” CROSS 26TH MAIN, 4TH T BLOCK JAYANAGAR BANGALORE - 11.
…APPELLANT
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
(BY SRI U J HARI PARASAD, ADVOCATE – ABSENT) AND:
ANANTHA GUMMANI S/O SHANKAR GUMMANI AGED 39 YEARS R/AT No.1081, 35 “D” CROSS 26TH MAIN, 4TH T BLOCK JAYANAGAR BANGALORE - 11.
…RESPONDENT
(SERVED . UNREPRESENTED)
THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 05.03.2019 PASSED BY THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.RP.No.365/2010 AND DISMISS THE COMPLAINT FILED BY THE RESPONDENT IN C.C.No.12579/2009 ON THE FILE OF XVI ADDITIONAL C.M.M., BENGALURU AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed under Section 374(2) of Cr.P.C praying to set aside the order passed in Crl.Rev.P.No.365/2010 by the LV Additional City Civil and Sessions Judge, Bengaluru.
Chief Metropolitan Magistrate, Bengaluru by judgment dated 27.09.2010 and sentenced to pay fine of Rs.25,000/-.
sentence passed in C.C.No.12579/2009 in
Crl.Rev.P.No.365/2020 before the LV Additional City Civil and Sessions Judge, Bengaluru. The said revision petition
came to be allowed and the sentence has been enhanced
to fine of Rs.1,35,000/- by order dated 05.03.2019 by the LV Additional City Civil and Sessions Judge, Bengaluru.
by the LV Additional City Civil and Sessions Judge, Bengaluru has been challenged in this appeal.
maintainable.
NC: 2024:KHC:48253 CRL.A No. 1281 of 2019
No.2/2019 does not survive for consideration.
Hence, IA No.2/2019 is disposed of.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 16
1 issue framed by the court
Whether an appeal under Section 374(2) Cr.P.C challenging a sentence enhanced in a criminal revision petition over a Section 138 NI Act conviction is maintainable.
2 provisions across 2 enactments
Smt. Vijaya D/o Late Nagarajaiah
Anantha Gummani S/o Shankar Gummani
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
