Karnataka High Court
Krishna Agencies vs Smt Shamabegum Suri on 7 March, 2025
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2025:KHC-D:4418
CRL.RP No. 100439 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO.100439 OF 2023
(397(CR.PC)/438(BNSS))
BETWEEN:
KRISHNA AGENCIES
SHOP/AT: PLOT NO.268, MANOJ PARK,
GROUND FLOOR, TRANQUIL HEIGHTS,
SULLA ROAD, HUBBALLI, REP. BY ITS PROPRIETOR,
SMT. ROOPREKHA W/O. PRAMOD VYAS PAREEK,
AGE: 47 YEARS, OCC. BUSINESS,
NOW REP. BY ITS GPA HOLDER,
SHRI VIJAY KUMAR S/O. LATE BADRI ROY,
AGE: 46 YEARS, OCC. SALES EXECUTIVE,
R/AT: MOHANPUR VILLAGE, POST: TIKLATO,
PS. BENGABAD, GIRIDIH, JHARKHAND-815312.
...PETITIONER
(BY SRI GOURISHANKAR H. MOT, ADVOCATE)
AND:
SMT. SHAMABEGUM SURI
Digitally
VN
signed by V
N BADIGER THE PROP OF SURI PLYWOOD,
BADIGER Date:
2025.03.14
15:21:24 OFFICE AT SHOP NO.7, T, APMC COMPLEX,
+0530
MARATHA COLONY ROAD, SHIVAJI CIRCLE,
TQ. DHARWAD, DIST. DHARWAD-500001,
MOB. 9916186625,
RESIDING AT: R/AT. KOPPADKERI JANATA PLOT,
2ND CROSS, DHARWAD, KARNATAKA-580008
...RESPONDENT
(BY SRI R.M. JAVED, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W.
401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND MODIFY THE
ORDER DATED 07.07.2023 PASSED BY 2ND JMFC, AT HUBBALLI IN CC
NO.1152/2023 BY ENHANCING THE SENTENCE, COMPENSATION I.E.,
TWICE THE AMOUNT OF CHEQUE AS PER SECTION 138 OF N.I. ACT,
FINE AND INTEREST AT 12% P.A. ON THE AMOUNT ACCRUED.
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NC: 2025:KHC-D:4418
CRL.RP No. 100439 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Gourishankar H. Mot and Sri.R.M.Javid, learned counsel for the parties.
2. Though the matter is listed for admission and the same is taken up for final disposal by the consent of the parties.
3. In respect of dishonored cheque of Rs.10,000/-, the accused was proceeded with criminal proceedings in CC No.1152/2023. Accused was ready to pay an amount of Rs.10,000/- towards the amount covered under the dishonored cheque. But the complainant refused to receive the same and therefore, amount was deposited by the accused.
4. Later on, the learned trial judge without recording the plea proceeded with the case and convicted -3- NC: 2025:KHC-D:4418 CRL.RP No. 100439 of 2023 the accused for the offence punishable under Section 138 of Negotiable Instruments Act, seeking enhancement of the sentence, the present revision petition came to be filed before this Court. Sri.Gourishankar Mot learned counsel for the revision petitioner contended that the order of the trial Magistrate, ordering only sum of Rs.10,000/- as fine amount as the cheque amount was only Rs.10,000/- is improper and therefore, sought for reasonable enhancement.
5. Sri.R.M.Javid opposes the revision grounds. He further contends that in a matter of this nature, question of granting further compensation would not arise as the accused was ready to pay the cheque amount which was refused by the complainant.
6. Taking note of the fact that the sum of Rs.10,000/- deposited by the accused has already been withdrawn by the revision petitioner enhancing the compensation amount in a sum of Rs.5,000/- would meet -4- NC: 2025:KHC-D:4418 CRL.RP No. 100439 of 2023 the ends of justice having regard to the fact that the transaction is admitted by the accused.
7. Accordingly, the following:
ORDER
(i) Revision Petition is allowed in part.
(ii) No interest as claimed by the complainant can be granted having regard to the scheme of the Section 138 of the NI Act.
(iii) However, sum of Rs.5,000/- is ordered as additional compensation which shall be payable by the accused to the revision petitioner on or before 30.03.2025.
Failing which accused shall undergo simple imprisonment for a period of one month.
SD/-
(V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 24