Cheque dishonour conviction under Section 138 NI Act was in revision; on the Managing Director's death being reported and no steps taken to continue prosecution against the company, the case against him stood abated.
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 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO. 100 OF 2014
BETWEEN:
SRI. S. CHANDRASHEKHAR, AGED 38 YEARS, S/O LATE SADAYA GOUNDER, R/AT NO. 30, (KSG MANSION), 1ST MAIN, 10TH CROSS, CHRIST SCHOOL ROAD, SUDDUGUNTE PALYA, BANGALORE - 560 002.
…PETITIONER
(BY SMT. PRIYANKA G.M, AMICUS CURIAE)
AND:
Digitally signed by SANDHYA S Location: High Court of Karnataka
M/S TAPASI L.M. CHITS (PVT) LTD., REPRESENTED BY ITS MANAGING DIRECTOR, T.L. MAHADEV, AGED 60 YEARS, S/O T.N. LAKSHMIPATHY, NO.22/1, BASAVANNA LANE, K.R. SHETTY PET, BANGALORE - 560 002.
(BY SRI. B. PREM KUMAR, ADVOCATE)3
…RESPONDENT
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 9.12.2013 PASSED BY THE LI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.2/2013 CONFIRMING THE CONVICTION AND SENTENCE JUDGMENT DATED 28.09.2012 PASSED BY XV A.C.M.M., BANGALORE IN C.C.NO.26520/2007 FOR THE OFFENCE P/U/S 138 OF N.I.ACT SENTENCING TO PAY FINE OF RS.65,000/- AND IN DEFAULT TO UNDERGO S.I. FOR A PERIOD OF 3 MONTHS AND IN DEFAULT TO UNDERGO S.I. FOR A PERIOD OF 6 MONTHS.3
NC: 2024:KHC:543 CRL.RP No. 100 of 2014
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the respondent has submitted that revision petitioner has passed away.
Sri.T.L.Mahadev also filed along with death certificate of Sri.T.L.Mahadev, who died on 27.07.2020. Steps not taken to prosecute this case on behalf of M/s. Tapasi L.M.Chits (Pvt) Ltd.
Office is directed to send back TCR and SCR records to
the concerned Courts along with the copy of this order.
Sd/JUDGE
PK CT: BHK
2 provisions across 2 enactments
S. Chandrashekhar
M/s Tapasi L.M. Chits (Pvt) Ltd., represented by its Managing Director, T.L. Mahadev
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
