Karnataka High Court
Somashekhar vs Bavakaji on 30 August, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:31038
CRL.P No. 3088 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.3088 OF 2023
BETWEEN:
SOMASHEKHAR
S/O MARTHANDAPPA HEGGAPPANAVAR,
AGED ABOUT 69 YEARS,
BUSINESS, RESIDING AT KODIHAL HOSPET,
RENEBENNUR TALUK,
HAVERI DISTRICT - 581 123
...PETITIONER
(BY SRI. MANJUNATH G KANDEKAR, ADVOCATE)
AND:
BAVAKAJI
S/O DHARAMANNA RAWAL,
AGED ABOUT 50 YEARS,
AGRICULTURIST,
RESIDING AT HUDE,
Digitally signed by B POST KOPPARASIKOPPA,
K
MAHENDRAKUMAR
Location: HIGH
HANAGAL TALUK,
COURT OF
KARNATAKA HAVERI DISTRICT - 581 104
...RESPONDENT
(BY SRI. M A APPAIAH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.PC PRAYING THAT THIS TO a) ALLOW THE ABOVE
PETITION AND SET ASIDE THE IMPUGNED ORDER DATED
02.03.2023 IN CRL.RP NO.66/2022 ON THE FILE OF 2ND
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
DAVANAGERE; b) UPHELD AND CONFIRM THE ORDER OF 1ST
ADDITIONAL CIVIL JUDGE AND JMFC AT HARIHAR AND ALSO
DIRECTING TO RE ISSUE NBW TO RESPONDENT IN CRL.MISC
NO.123/2019 IN THE CIRCUMSTANCES OF THE CASE AND IN
THE INTEREST OF JUSTICE.
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NC: 2023:KHC:31038
CRL.P No. 3088 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The respondent is convicted for the offence punishable under Section 138 of N.I.Act, which has attained finality. The petitioner initiated proceedings under Section 421 Cr.P.C for recovering the compensation amount of Rs.6 lakhs from the respondent. The learned Magistrate issued non-bailable warrant for securing the presence of the respondent, against which the respondent filed a revision petition under Section 397 Cr.P.C. The learned Sessions Judge set aside the order passed by the learned Magistrate. Hence, this petition.
2. Heard learned counsel for the parties.
3. Section 421 Cr.P.C. deals with warrant for levy of fine when an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, i.e., (a) by issuing a warrant for the levy of the amount by -3- NC: 2023:KHC:31038 CRL.P No. 3088 of 2023 attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter.
4. The learned Sessions Judge interpreting the provisions contained in Section 421 Cr.P.C has held that such warrant must be either under Section 421 (a) or (b) of Cr.P.C and not by issuing non-bailable warrant against the offender.
5. I do not find any illegality in the impugned order passed by the learned Sessions Judge.
Accordingly, petition is dismissed. Liberty is reserved to the petitioner to recover the compensation amount from the respondent in the manner known to law.
Sd/-
JUDGE RR List No.: 1 Sl No.: 79