2023 Supreme(Online)(KAR) 21332
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NC: 2023:KHC:29106
CRL.RP No. 1257 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL REVISION PETITION NO. 1257 OF 2022
BETWEEN:
SRI. M. GANGANNA,
S/O. LATE. MARAPPA,
AGED ABOUT 60 YEARS,
RESIDING AT NO.17, 10TH MAIN ROAD,
RAJMAHAL GUTTAHALLI,
BHARATH MATHA BLOCK,
BANGALORE - 560 003.
…PETITIONER
(BY SRI. SRINIVAS N., ADVOCATE)
AND:
SRI. RAMAMURTHY R.,
S/O. LATE RAMAIAH,
AGED ABOUT 54 YEARS,
RESIDING AT NO.34, 10TH MAIN ROAD,
RAJAMAHAL GUTTAHALLI, BHARATH MATHA BLOCK,
BANGALORE - 560 003.
…RESPONDENT
(BY SRI. GEORGE ANTHONY CRUZ, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO A. SET ASIDE THE ORDER DATED 08.07.2022
PASSED BY THE HONBLE COURT OF THE LXIII ADDITIONAL CITY
CIVIL
AND
SESSIONS
JUDGE,
BANGALORE
(CCH-64)
IN
CRL.A.NO.336/2020 WHO WAS PLEASED TO DISMISS THE SAID
APPEAL BY CONFIRMING THE ORDER DATED 28.01.2020 PASSED BY
THE
XV
ADDITIONAL
CHIEF
METROPOLITAN
MAGISTRATE,
BANGLAORE IN C.C.NO.9068/2018 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
Digitally
signed by
HARSHITHA B
Location: High
Court Of
Karnataka
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NC: 2023:KHC:29106
CRL.RP No. 1257 of 2022
The revision petitioner–accused in CC No.9068/2018
on the file of the learned XV Additional Chief Metropolitan
Magistrate, Bengaluru (hereinafter referred to as ‘the trial
court’ for the brevity), is impugning the judgment of
conviction and order of sentence dated 28.01.2020,
convicting him for the offence punishable under Section
138 of Negotiable Instrument Act, 1881 (‘NI Act’ for short)
and sentencing him to pay fine of Rs.13,35,000/-, in
default to under-go simple imprisonment for six months,
which was confirmed in Crl.A.No.336/2020 on the file of
the learned LXIII Additional City Civil and Sessions Judge,
(CCH-64), Bangalore (hereinafter referred to as ‘the First
Appellate Court’ for brevity) vide its judgment dated
08.07.2022.
2.
For the sake of convenience, the parties are
referred to as per their rank and status before the trial
court.
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3.
Brief facts of the case are that, the accused and
his wife Bhagya were known to the complainant since
several years. The accused and his wife Bhagya are the
absolute owners of the schedule property bearing No.41,
Ward No.99, Old No.64, PID No.99-114-41, situated at
Rajmahal Guttahalli, A.K.Colony, Bangalore measuring
East to West 20 feet and North to South 21 feet. They
agreed to sell the same in favour of the complainant for
total
consideration
of
Rs.36,00,000/-.
Accordingly,
agreement for sale dated 28.04.2015 was entered into
between the parties. The complainant paid Rs.18,00,000/-
in advance i.e., Rs.5,25,000/- paid through cheque dated
24.01.2013
and
Rs.12,75,000/-
paid
in
cash
on
28.04.2015. The accused and his wife acknowledged the
receipt of the advance amount of Rs.18,00,000/- and
executed the agreement of sale on 28.04.2015, in the
presence of the witnesses. Since the accused had not
came forward to execute sale deed, the complainant
issued legal notice on 12.05.2016 calling upon him to
execute the sale deed. Since the accused had not came
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forward to execute the sale deed, police complaint was
filed before the Vyalikaval police Station on 01.06.2016.
The accused gave a letter of undertaking agreeing to pay
Rs.15,25,000/- out of Rs.18,00,000/-. Accordingly, they
have paid Rs.2,00,000/- on 07.07.2016 itself through
cheque
bearing
No.820250.
On
repeated demands,
accused issued the cheque for Rs.13,25,000/- towards
repayment of the amount, which was due to the
complainant.
When
the
cheque
was
presented
for
encashment,
the
same
was
dishonored
as
'Funds
Insufficient’. The complainant issued legal notice calling
upon the accused to repay the amount, which was due,
but the accused avoided service of notice and payment of
the cheque amount. Thereby, the accused has committed
an offence punishable under Section 138 of NI Act.
4.
The learned Magistrate took cognizance of the
offence and the accused appeared before the trial court in
response to summons and pleaded not guilty for the
accusation made against him. The complainant examined
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himself as PW1, examined PW2 and got marked Ex.P.1 to
12 in support of his contention. The accused denied all
the incriminating materials available on record in the
statement recorded under Section 313 of Cr.P.C. The
accused examined himself as DW1 and got marked
Exs.D.1 and 2 in support of his defence. The trial court
after taking into consideration of all these materials on
record, came to the conclusion that the complainant is
successful in proving the guilt of the accused beyond
reasonable doubt.
5.
Being aggrieved by the same, the accused has
preferred Crl.A.No.336/2020. The first appellate court on
re-appreciation of the materials on record, dismissed the
appeal by confirming the impugned judgment of conviction
and order of sentence passed by the trial court. Hence, the
accused is before this court.
6.
Heard Sri. Srinivas N, learned counsel for the
revision petitioner and Sri. George Anthony Cruz, learned
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counsel for the respondent. Perused the materials
including the trial court records.
7.
Learned cou