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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF AUGUST 2018

BEFORE

THE HON’BLE Mrs. JUSTICE S.SUJATHA

CRL. RP. NO.145/2011

BETWEEN

Sri.V.M.Irshad Ahmed,

Proprietor,

M/s. Relinle (Reliance) Steels,

#8, I Floor, Godown Street,

Bengaluru-560002.

…….Petitioner

( By Sri. G.Desureddy-Advocate)

AND

Sri.L.Nagaraju,

Chief Manager (Comml)

Karnataka State Small

Industries Development

Corporation Limited, Admn.

Office Building Indl, Rajajinagar,

Bengaluru.

…... Respondent

(By Sri.V.F.Kumbar-Advocate)

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This Crl.R.P. is filed U/s.397 r/w 401 Cr.P.C to set

aside the judgment and order dated 27.10.2009 passed

by the XIII ACMM, Bangalore in C.C.No.30417/2001 and

order dated 23.10.2010 passed by the P.O., FTC

(Sessions)-XI, Bangalore in Crl.A.No.898/2009.

This Crl.R.P. coming on for final hearing, this day,

the court made the following:

ORDER

This criminal revision petition is filed by the

accused/petitioner calling in question the correctness

and legality of the order passed by the Sessions Judge,

First

Track

Court

(Sessions)-XI,

Bangalore

dated

23.10.2010 whereby the judgment and sentence passed

by the XIII Additional Chief Metropolitan Magistrate,

Bangalore

passed

in

C.C.No.30417/2001

dated

27.10.2009 is confirmed.

2. This Court by order dated 24.02.2011 while

admitting the revision petition passed an order

suspending the sentence of the Courts below,

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enlarging the petitioner on bail subject to the petitioner

depositing the sum of Rs.5,00,000/- which is said to

have been complied by the petitioner.

3. Learned counsel, Sri. G. Desureddy appearing

for the petitioner submits that the petitioner is no more.

Petitioner died during the pendency of the proceedings of

this revision petition before this Court. Hence, no

criminal proceedings can be proceeded with, against

dead person.

4. Learned counsel for the respondent seeks

permission to withdraw the amount of Rs. 5,00,000/-

deposited before the trial Court notwithstanding the fine

amount of Rs.10,10,000/- imposed by the Courts below.

5. Learned counsel for the petitioner has no

objection to permit the respondent to withdraw the

amount of Rs.5,00,000/- deposited before the trial Court.

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6. It is significant to note that proceedings were

initiated by filing a private complaint under Sec.138 of

Negotiable Instrument Act, 1881 by the complainant

against the accused for not honoring cheque bearing No.

762280 dated 05.12.2000 for a sum of Rs.5,00,000/-

and

another

cheque

bearing

No.

762281,

dated

30.12.2000 for a sum of Rs.5,00,000/- drawn on Union

Bank of India, Avenue Road Branch, Bengaluru.

7. On appreciation of evidence, learned Magistrate

convicted the accused for the offence punishable under

Section 138 of Negotiable Instrument Act, 1881 and

sentenced him to pay a fine of Rs.10,10,000/-. In default

of payment of fine amount, accused shall under go

simple imprisonment for six months. Out of the fine

amount, Rs.10,00,000/- shall be paid as compensation

to the complainant as provided under Sec.357 of Cr.P.C.

and the balance amount of Rs.10,000/- has to be

remitted as fine to the State.

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8. On the appeal preferred by the accused before

the Fast Track Court (Sessions)-XI, Bangalore, the

learned Sessions Judge dismissing the appeal, confirmed

the judgment and order of sentence passed by learned

Magistrate against which this revision petition has been

preferred. It is not in dispute that during the pendency

of the present revision petition, petitioner died. In such

circumstances, the prayer made by the learned counsel

appearing for the respondent to permit him to withdraw

the amount of Rs.5,00,000/- deposited before the trial

Court appears to be reasonable more particularly, as no

criminal proceedings can