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H. B. PRABHAKARA SASTRY
K. Guruprasad Karohatikar, S/o. N. K. Nanjaiah – Appellant
Versus
Chinnaswamy, S/o. late Kempegowda – Respondent
ORDER :
The present revision petition has been filed by the accused who was convicted by the Court of the Civil Judge & J.M.F.C. at Pandavapura, (hereinafter for brevity referred to as the “Trial Court”) by its order dated 14-08-2015, in C.C.No.292/2010 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the “N.I. Act”) and was sentenced to undergo simple imprisonment for a term of six months and also to pay the fine twice the cheque amount of Rs.1,50,000/-and in default of payment of fine amount, to undergo simple imprisonment for a period of three months.
Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.5019/2015 in the Court of the III Additional District and Sessions Judge, Mandya (sitting at Srirangapattana) (hereinafter for brevity referred to as the “Sessions Judge’s Court”), which by its impugned judgment dated 25-06-2016 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court.
Aggrieved by the impugned judgments and order on sentence, the accused has preferred the present revision petition.
2. The summary of the case of the co
The court applied the principle of compounding the offence under Section 147 of the N.I. Act and the requirement of paying graded cost as per the guidelines set by the Supreme Court in Damodar S. Pra....
The main legal point established is that under Section 147 of the N.I. Act, the compounding of the offence is permitted, subject to the payment of graded cost as per the guidelines laid down by the S....
Compounding of the offence under Sec. 138 of the N.I. Act and the payment of graded cost by the accused.
Compounding of the offence under Sec. 147 of the N.I. Act and the requirement for the accused to pay graded cost as per Damodar S. Prabhu v. Sayed Babalal H.
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