Criminal Revision Petition allowed in part. Conviction in cheque dishonour case confirmed. Fine reduced from Rs.1,00,000 to Rs.75,000 as the legally recoverable debt was established at that amount despite defense claim of Rs.20,000.
Conviction confirmed; fine reduced from Rs.1,00,000 to Rs.75,000.
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:15121 CRL.RP No. 829 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL REVISION PETITION NO. 829 OF 2014
BETWEEN:
SRI. GANGAPPA, S/O VENKATAPPA, AGED ABOUT 44 YEARS, RESIDING AT KARADAGURU VILLAGE, MULABAGAL TALUK, KOLAR DISTRICT.
…PETITIONER
(BY SRI. N. VAGEESH, ADVOCATE FOR SRI. A. RAMACHANDRA, ADVOCATE) AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
SRI. NARASHIMA GOWDA, S/O KADIRE GOWDA, AGED ABOUT 48 YEARS, R/AT NO.27, VINAYA TMEPLE MAIN ROAD, NARASHIMAIAH LAYOUT, AREBIC COLLEGE POST, KADUGONDANAHALLI, BANGALORE - 560 045.
…RESPONDENT
(BY SRI. NATARAJA B HALEMANI, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 OF CR.P.C PRAYING TO (a) SET ASIDE THE JUDGMENT DATED:4.9.14 PASSED IN CRL.A.NO.25133/12 ON THE FILE OF THE P.O., AND ADDL.S.J.,
FTC-III, MAYOHALL, BANGALORE AND CONSEQUENTLY. (b) SET ASIDE THE JUDGMENT DATED:10.9.12 PASSED IN C.C.NO.53249/2009 ON THE FILE OF THE XIV ADDL.C.M.M., BANGALORE.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent-complainant had filed Private Complaint under Section 200 of Cr.PC, for the offence punishable under Section 138 of Negotiable Instruments Act (for short, 'NI Act'), stating that the petitioner-accused had borrowed loan amount of Rs.75,000/-, and in discharge of the said loan amount, had issued a cheque for an amount of Rs.75,000/-, drawn in the name of the complainant. The cheque, when presented for realization, was dishonored, for want of funds. That the respondent issued a statutory notice under Section 138 of NI Act, to which, the petitioner-accused did not reply.
NC: 2024:KHC:15121 CRL.RP No. 829 of 2014
ORDER
i) The Criminal Revision Petition is allowed in part.
ii) The impugned judgment of conviction dated 10.09.2012 passed by the XIV Additional Chief Metropolitan Magistrate in C.C.No.53249/2009 is hereby confirmed. The order sentencing the petitioner to pay fine amount of Rs.1,00,000/- is modified by directing the petitioner-accused to pay a sum of Rs.75,000/-, towards fine amount.
iii) To the above extent, the impugned order of conviction stands modified.
iv) The petitioner-accused has deposited a sum of Rs.30,000/- before the trial Court and the balance amount of Rs.45,000/- to be paid within 3 months from the date of receipt of certified copy of this order, failing which, the complainant is at liberty to recover the balance amount, in accordance with law.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 9
2 issues framed by the court
Whether the revision petition challenging the conviction and sentence in a cheque dishonour case should be allowed in part to correct the quantum of fine imposed.
Whether the accused successfully proved the absence of a legally recoverable debt reducing the cheque amount from Rs.75,000 to Rs.20,000.
3 provisions across 2 enactments
GANGOPPA
NARASHIMA GOWDA
HEMANT CHANDANGAUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
