Partly allowed

Sri Somashekhar T N v. Prashanth Devaraya

Karnataka HC7 Jun 2024CRL.RP/315/2021

Case brief

AI extract

What is this about?

Criminal revision under Sections 397/401 CrPC challenging conviction fine in a cheque-related private complaint. The petitioner deposited the entire compensation amount of Rs.2,45,000 with the complainant; the court set aside the Rs.5,000 fine towards State expenses and ordered the deposit returned to the complainant.

What did the court decide?

Rs.5,000 State-defraying fine set aside; order modified; deposit ordered returned to complainant under due identification.

Sri Somashekhar T N Vs Prashanth Devaraya — Criminal Trial and Appeal | Karnataka HC (2024)

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NC: 2024:KHC:19864 CRL.RP No. 315 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 315 OF 2021

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BETWEEN:

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SRI SOMASHEKHAR T N S/O LATE NARASIMHACHAR AGED ABOUT 36 YEARS, R/AT NO. C302, GOPALAN RESIDENCY, TELECOM LAYOUT, BHUVANESHWARINAGAR, BENGALURU - 560 023

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ALSO AT HINDUSTAN AERONAUTICS LIMITED AEROSPACE DIVISION BENGALURU COMPLEX BENGALURU - 560 075

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…PETITIONER

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(BY SRI. N SURESHA.,ADVOCATE)

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AND:

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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PRASHANTH DEVARAYA S/O DEVARAYA AGED ABOUT 37 YEARS, R/AT NO.281, CAUVERY NILAYA MARUTHI VINAYAKA TEMPLE ROAD HESARAGATTA CROSS ROAD T DASARAHALLI POST BENGALURU - 560 057

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REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER MANJUNATH M S/O MUNIRAJU AGED ABOUT 26 YEARS,

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NC: 2024:KHC:19864 CRL.RP No. 315 of 2021

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R/AT NO.59, JANATHA COLONY, SHETTIHALLI, JALAHALLI WEST POST BENGALURU - 560 015.

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…RESPONDENT

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(BY SRI. R.V.ANAND, ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 18.02.2021 IN CRL.A.NO.1681/2018, PASSED BY THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU AND JUDGMENT AND SENTENCE PASSED BY THE XX A.C.M.M., AT BENGALURU IN C.C.NO.2062/2017, DATED 01.08.2018, BY ALLOWING THIS CRL.RP.

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

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ORDER

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Heard Sri N.Suresha, learned counsel for petitioner and Sri.R.V.Anand, learned counsel for respondent.

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Today, the learned counsel for petitioner has tendered a Demand Draft in the name of the respondent for a sum of Rs.1,20,000/-. Out of the total fine amount of Rs.2,54,000/-, Rs.1,25,000/- is already deposited before the first appellate Court.

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Accordingly, the revision petitioner has paid the

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entire amount of Rs.2,45,000/- towards the compensation.

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3 - NC: 2024:KHC:19864 CRL.RP No. 315 of 2021

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It is noticed that the learned Magistrate has imposed Rs.5,000/as fine towards the defraying expenses of the State.

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Since the lis is privy to the parties and no State machinery is involved in conducting the case, amount of Rs.5,000/- as fine amount imposed by learned Magistrate confirmed by the first appellate Court towards defraying expenses of the State is hereby set aside.

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Since the entire fine amount of Rs.2,45,000/- is paid by the accused to the complainant, the order of the trial Magistrate and learned Judge in the first appellate Court is modified to the above extent.

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Amount in deposit is ordered to be returned to the complainant under due identification.

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Sd/JUDGE

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List No.: 1 Sl No.: 36

Sri Somashekhar T N v. Prashanth Devaraya

Case brief

What is this about?

What did the court decide?

Sri Somashekhar T N v. Prashanth Devaraya

Case brief

What is this about?

What did the court decide?

What the court decided

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