Sri M Shivaramu v. Yes Square Enterprises
Case brief
What is this about?
Section 138 NI Act conviction; cheque dishonour endorsement 'funds insufficient'; criminal revision CRL.RP No. 1537 of 2024; S.397 r/w 401 Cr.P.C with S.438 r/w 442 BNSS; limited scope of revisional jurisdiction; concurrent findings of trial Court (V JMFC Mysuru, C.C.No.1795/2021) and appellate Court (PDJ Mysuru, Crl.A.No.17/2024); no defence/rebuttal evidence; consent agreement Ex.P9; notarized partnership deed Ex.P6; employer-employee relationship; dismissal of revision petition; High Court of Karnataka; Justice H.P.Sandesh.
What did the court decide?
Scope of revision is very limited: this Court can interfere only where the reasoning of the trial Court and appellate Court suffers from illegality or incorrectness or leads to miscarriage of justice; since there is no rebuttal evidence before the Court, entertaining the revision petition does not arise, and interference is not warranted in the case on hand.