IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION No.1098/2016

BETWEEN:

M.P. VIVEKANAND,

S/O LATE M.A.PUTTEGOWDA

AGED ABOUT 55 YEARS,

R/O 8SHARAVATHI9,

MAKONAHALLI VILLAGE,

MUDIGERE TALUK,

CHIKKAMAGALUR DISTRICT

577101

...PETITIONER

(BY SRI.PAVANA CHANDRA SHETTY H.,

ADVOCATE)

AND:

ARUN KUMAR M.J.,

S/O. LATE M.B. JAYEGOWDA,

AGED ABOUT 49 YEARS,

R/O MAKONAHALLI VILLAGE,

MUDIGERE TALUK 3 577 101

CHIKKAMGALUR DISTRICT

...RESPONDENT

(BY SMT.NEERAJA KARANTH,

ADVOCATE FOR SRI.K.SHRIHARI)

2

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE

JUDGMENT AND ORDER DATED 16.08.2016 PASSED BY THE II

ADDL.

SESSIONS

JUDGE

CHIKAMAGALUR

IN

CRL.A.NO.400/2013 AND ORDER DATED 06.11.2013 PASSED

BY THE COURT OF THE PRL.CIVIL JUDGE AND JMFC AT

MUDIGERE

IN

C.C.NO.1237/2006,

CONVICTION

AND

SENTENCE U/S 255(2) OF CRPC, CONVICTED FOR THE

OFFENCE P/U/S 138 OF NI ACT, AND SENTENCED TO

UNDERGO S.I. FOR 1 YEAR ALONG WITH COMPENSATION

AWARDED RS.5,60,000/- TO THE RESPONDENT AND ETC.,

THIS CRIMINAL REVISION PETITION COMING ON FOR

ADMISSION, THE COURT MADE THE FOLLOWING:

ORDER

Though, this matter is listed for Admission, it is

taken up for final disposal having regard to the facts and

circumstances of this case.

2. This Criminal Revision Petition is filed under

Section 397 r/w 401 Cr.P.C praying to set aside the

judgment

and

order

dated

16.08.2016

passed

in

Crl.A.No.400/2013

by

the

II

Additional

S.J.,

Chikkamagaluru, wherein the appeal came to be dismissed

with cost of Rs.500/-, there by the judgment of the trial

3

court in C.C.No.1237/2006 dated 6.11.2013 came to be

confirmed by the learned Principal Civil Judge and JMFC,

Mudigere.

3. The learned Trial Judge held that the accused

committed offence punishable under Section 138 of

Negotiable Instruments Act by virtue of the dishonor of

the cheque issued by him for Rs.2,80,000/- in favour of

complainant drawn on Karnataka Bank Ltd, Mudigere

Branch,

bearing

No.345702

dated

30-03-2006

and

sentenced the accused to pay the fine of Rs.5,60,000/-

and ordered that the fine amount to be payable to the

complainant by way of compensation and in default to pay

compensation to undergo simple imprisonment for a

period of one year.

4. In order to avoid confusion and overlapping, the

parties are addressed in the ranking of their status before

the Trial Court.

4

5. The case of the complainant before the Trial

Court is that the accused approached the complainant for

financial facility in the month of February 2006 and

borrowed

an

amount

of

Rs.2,80,000/-

from

the

complainant and towards the repayment of the said

amount, issued cheque bearing No. No.345702 dated 30-

03-2006 drawn on Karnataka Bank Ltd, Mudigere Branch,

in favour of the complainant and the said cheque was

presented

on

22.07.2006

by

the

complainant

for

encashment through his Banker i.e., Syndicate Bank,

Mudigere Branch. The said cheque returned with an

endorsement

stating

that

<Funds

Insufficient=

on

24.07.2006. Thereafter, the complainant caused legal

notice on 26.07.2006 through registered post and also

certificate of posting. The notice was served on

27.07.2006 to the accused. Despite service, he has not

made the payment. The private complaint was presented

before

the

Trial

Court

and

it

was

registered

as

5

CC.NO.1237/2006. The accused appeared through his

counsel and was on court bail. Plea has been recorded,

accused pleaded not guilty and claimed to be tried.

6. The learned Trial Judge was accommodated with

the oral and documentary evidence as under:

<FOR COMPLAINANT:

P.W.1

: Arun Kumar

Ex.P1

: Cheque

Ex.P2

: Bank Endorsement

Ex.P3

: Copy of Notice

Ex.P4&5 : RPAD, COP Receipt

Ex.P6

: Postal