In a criminal revision petition under Sections 397 and 401 CrPC and Order XXI Rule 147 NIA, the High Court of Karnataka disposed of the matter by acquitting the petitioner for the offence under Section 138 NIA after the entire amount was paid.
Petitioner acquitted; judgment/sentence set aside; amount in deposit ordered to be withdrawn by petitioner.
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.
NC: 2024:KHC:20742 CRL.RP No. 372 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.372 OF 2020
BETWEEN:
SRI ASHWIN S/O KRISHNAMRAJU AGED ABOUT 28 YEARS R/AT NO.45, 5TH TEMPLE ROAD, 13TH CROSS, MALLESWARAM BANGALORE-560 003
…PETITIONER
(BY SRI SURESH SUBBAIAH, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
REPRESENTED BY LEGAL HEIRS
NC: 2024:KHC:20742 CRL.RP No. 372 of 2020
d) UMHA D/O SRI PRABHAKAR .H AGED ABOUT 15 YEARS
e) DHARSHAN
S/O SRI PRABHAKAR.H AGED ABOUT 12 YEARS
ALL ARE MINORS REPRESENTED BY THEIR MOTHER SMT.LATHA KUMARI
ALL ARE MINORS REPRESENTED BY THEIR MOTHER SMT.LATHA KUMARI
ALL ARE RESIDING AT NO.48, 5TH CROSS, SWIMMING POOL EXTENSION MALLESWARAM, BANGALORE – 560 003
…RESPONDENTS
(BY SRI P.M.CHENGAPPA, ADVOCATE FOR PROPOSED LEGAL REPRESENTATIVES)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE APPELLANT COURT LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY DATED 16.12.2019 IN CRL.A.NO.1314/2017 AND JUDGMENT AND SENTENCE PASSED BY THE LEARNED XIII A.C.M.M., AT BENGALURU CITY IN C.C.NO.14341/2016, DATED 17.08.2017 AND CONSEQUENTLY BE PLEASED TO ACQUIT THE PETITIONER OF THE OFFENCE ALLEGED IN THE ABOVE CASE.
THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
An application under Section 147 of the Negotiable Instruments Act is filed signed by the both the parties and their respective advocates.
Since the entire amount is paid, accused stands acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, by setting aside the Order passed by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate Court.
Accordingly, revision petition stands disposed of .
The amount in deposit is ordered to be withdrawn by the
revision petitioner under due identification.
Sd/JUDGE
kcm List No.: 1 Sl No.: 28
1 issue framed by the court
Whether the revision petition should be allowed to set aside the conviction and sentence upon full payment of the amount.
3 provisions across 2 enactments
ASHWIN S/O KRISHNAMRAJU
LATE SRI PRABHAKAR H REPRESENTED BY LEGAL HEIRS
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
