Karnataka High Court
Sri Lingappa vs Sri Venkata Swamy Reddy on 30 August, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST 2018
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION No.739 OF 2018
BETWEEN
Sri. Lingappa,
S/o. Magge Gowda,
Aged about 60 years,
Working at KSRTC,
Mechanic, 5th Depot,
Mysore Road,
Deepanjali Nagar,
Near BHEL,
Bengaluru-560026.
...Petitioner
(By Sri. H.R.Sanjeeve Gowda, Advocate)
AND
Sri. Venkata Swamy Reddy,
S/o. Late Nanja Reddy,
Aged about 63 years,
Residing at No.40, 4th Block,
5th Main, T.R.Nagar,
Bengaluru-560028.
...Respondent
This Criminal Revision Petition is filed under Section
397 read with 401 of Criminal Procedure Code praying to
(a) set aside the judgment dated 27.05.2017 passed in
C.C.No.227/2015 passed by the XXIII A.C.M.M., Bangalore
by dismissing the complaint filed by the respondent herein.
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(b) set aside the dismissal order dated 18.06.2018 passed
in Crl.A.No.902/2017 passed by the LIX Additional City
Civil and Sessions Judge, (CCH-60).
This Criminal Revision Petition coming on for
admission this day, the court made the following:
ORDER
The petitioner is an accused in C.C.227/2015 on the file of XXIII Additional Chief Metropolitan Magistrate, Bengaluru City. He was prosecuted for the offence under Section 138 of Negotiable Instruments Act. Respondent/complainant's case is that on 12.3.2012 the petitioner/ accused obtained hand loan of Rs.2,00,000/- from him to meet his legal necessities. The petitioner agreed to repay the same within three months with interest. The complainant demanded for return of the principal amount along with interest and then the petitioner issued a cheque on 20.8.2014 drawn on Syndicate Bank, Vijayanagar Branch, for Rs.2,00,000/-. The cheque was dishonoured for want of funds in his account. Respondent got issued a legal notice and initiated proceedings under Section 200 Cr.P.C. The trial 3 Court held an enquiry and came to the conclusion that the petitioner owed a sum of Rs.2,00,000/- to the complainant and in this regard he issued a cheque. Having found that the complainant's case being established, he convicted the petitioner and sentenced him to pay fine of Rs.2,50,000/- and further directed him to undergo simple imprisonment for two months in case of default of fine. This judgment of the Magistrate being appealed to the Sessions Court resulted in its dismissal.
2. The petitioner's counsel argues that the respondent misused the cheque. The petitioner and the respondent were working together in KSRTC depot. They were close friends and this relationship was misused by the respondent.
3. I have gone through the judgment of the trial Court as well as the Sessions Court. Both the Courts have appreciated the evidence to come to the conclusion that the petitioner is guilty of the offence under Section 138 of the Negotiable Instruments Act. Nothing is brought out in 4 evidence as to how the respondent misused the cheque. If the respondent stole the cheque, the petitioner could have given a complaint to police. There are no grounds to admit this petition. It is dismissed.
Sd/-
JUDGE ckl