Karnataka High Court
Smt. Kumari. J vs Sri. M. Krishna on 26 April, 2025
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NC: 2025:KHC:17262
CRL.RP No. 1548 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE RAJESH RAI K
CRIMINAL REVISION PETITION NO. 1548 OF 2024
BETWEEN:
SMT. KUMARI. J
W/O H.S.RAVI,
AGED ABOUT 43 YEARS,
R/AT NO. 1094, 1ST CROSS, 1ST MAIN,
VIDYARANYAPURAM, KHILLE MOHALLA,
MYSURU-570 008
...PETITIONER
(BY SRI. HARSHA G., FOR SRI. SACHIN B.S, ADVOCATES)
AND:
SRI. M. KRISHNA
S/O MARIVENKATAGOWDA,
AGED ABOUT 56 YEARS,
R/AT NO. CH62, 4TH CROSS,
3RD MAIN, JANATHANAGARA,
Digitally signed by CHAMARAJA MOHALL,
HARIKRISHNA V MYSURU -570 001
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY SRI. B. SHARATH KUMAR, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438
R/W 442 BNSS) PRAYING TO SET ASIDE THE IMPUGNED
JUDGEMENT DTD 03.10.2024 IN CRL.A.NO.178/2024 ON THE
FILE OF II ADDITIONAL SESSIONS JUDGE, MYSURU, THEREBY
DISMISSING THE APPEAL FILED BY THE PETITIONER/ACCUSED
AND CONFIRMING THE JUDGEMENT AND ORDER OF
CONVICTION AND ORDER OF SENTENCE OF THE TRIAL COURT
DTD 15.04.2024 IN CC.NO.3471/2020 ON THE FILE OF THE I
ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU,
CONSEQUENTLY ALLOW THE CRL.A.NO.178/2024 AS PRAYED.
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NC: 2025:KHC:17262
CRL.RP No. 1548 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
This revision petition is directed against the judgment passed in Crl.A.No.178/2024 dated 03.10.2024 by the II Additional Sessions Judge, Mysuru (hereinafter referred to as 'First Appellate Court'), whereby the First Appellate Court dismissed the appeal filed by the revision petitioner by confirming the judgment of conviction and order of sentence passed in C.C.No.3471/2020 dated 15.04.2024 by the I Additional Civil Judge and JMFC, Mysuru (for short 'trial Court').
2. For the sake of convenience, the parties are referred to as per their rankings before the trial Court.
3. The abridged facts of the case are that:
The complainant entered into a registered sale agreement of the house bearing No.1094/1C, F-23/1c, Vidyaranyapuram 2nd cross, Khille Mohalla, Mysuru between its original owners namely Puttalingamma and her children namely Darshan.R. and Nishanth.R., on 19.10.2016 and paid advance sale consideration of Rs.5 lakh to them. The said agreement is -3- NC: 2025:KHC:17262 CRL.RP No. 1548 of 2024 cancelled on 13.03.2019 and on the same day, the sale deed executed by the original owners in favour of the accused. At the time of execution of the cancellation of the agreement of sale, the accused has issued cheque No.033636 for Rs.5 lakh and it was also mentioned in the sale deed. Subsequently, the accused cancelled the said cheque and issued cheque bearing No.047368 Rs.3 lakh drawn on SBI, Vidyaranyapuram as per Ex.P1. It is further case of the complainant that he has presented the cheque bearing No.047368 i.e., Ex.P1 to his banker for realisation on 29.06.2020, but the same returned with an endorsement 'funds insufficient'. The said aspect was intimated to the accused by the complainant through a legal notice dated 27.07.2020. The said notice returned with an endorsement 'unclaimed' on 13.08.2020. Though the said fact was intimated to the accused, the accused failed to repay the amount. Hence, the complainant registered a private complaint before the learned Magistrate in C.C.No.3471/2020.
4. To prove the case before the trial Court, the complainant himself examined as PW.1 and got marked 12 documents as Exs.P1 to P12. However, the accused neither examined nor got marked any document on his behalf. -4-
NC: 2025:KHC:17262 CRL.RP No. 1548 of 2024
5. After assessment of the oral and documentary evidence, learned trial Court convicted the accused for the offence punishable under Section 138 of N.I. Act and passed the following:
"ORDER Acting U/Sec.255(2) of Cr.P.C, the accused is hereby convicted for the offence punishable under section 138 of Negotiable Instruments Act with a fine amount of Rs.3,10,000/. In default to undergo simple imprisonment for one year.
Further accused shall pay Rs.3,00,000/- to the complainant as compensation as per Section 357 of Cr.P.C.
The balance fine amount of Rs.10,000/- shall be paid to the State.
The bail bound and surety bond of the accused shall continue till six months from this day.
Office is directed to supply free copy of the judgment to the accused."
6. Aggrieved by the said judgment, the accused preferred an appeal before the First Appellate Court in Crl.A.No.178/2024. The First Appellate Court, after -5- NC: 2025:KHC:17262 CRL.RP No. 1548 of 2024 re-assessment of the entire evidence on record, dismissed the appeal filed by the revision petitioner and confirmed the judgment of conviction and order of sentence passed by the trial Court. Challenge to the same is lis before this Court.
7. I have heard Sri Harsha.G., for Sri. Sachin.B.S., learned counsel for the petitioner so also Sri B.Sharath Kumar, learned counsel for the respondent and perused the materials on record.
8. Apart from raising several contentions on merits of the case, learned counsel for the revision petitioner submitted that in view of the interim order passed by this Court, he has already deposited a sum of Rs.1,55,000/- before the trial Court and seeks indulgence of this Court that if three months time granted, he is ready to deposit the balance fine amount before the trial Court.
9. The said submission of the learned counsel for the petitioner is fairly conceded by the learned counsel for the respondent.
10. In that view of the matter, without delving into the merits of the case, the accused is granted three months time to -6- NC: 2025:KHC:17262 CRL.RP No. 1548 of 2024 deposit the balance fine amount before the trial Court as ordered by the trial Court, which was upheld by the First Appellate Court from the date of receipt of certified copy of this order.
11. Accordingly, the revision petition is disposed of by confirming the judgment of conviction and order of sentence passed by the trial Court in C.C.No.3471/2020 dated 15.04.2024 which was upheld by the First Appellate Court in Crl.A.No.178/2024 dated 03.10.2024.
SD/-
(RAJESH RAI K) JUDGE VM List No.: 1 Sl No.: 2