IN THE Hxcm COURT OF KARNATAKA AT _
DATED THIS THE Lem DAY OF Jlsmrigfacjgf 4. _ _: "
BEFORE
THE HON'BLE MR.J{ 1.
CRIMINAL REVISION 15E:*?r1*sQN m V933/2905
B Em A _ % L .. 7'
Dfi'. Raju V
Aged about41y_aa_*js _ _ ~
Donugudige
Aldur Post, .
» PETITIONER/S
(By sgi." EV; V?
AND _ V V _V _ .,
B. Abdul iféiaimaxx A
S10' ,i3'a;'idI'abbaV" A. _
- %AAga¢<at;s:::x-:.%%55 -------- ~ "
»E3a;1al(ai and Post
h;41;cE£gc"re_ RESPONDENT/S
Adv. for M] s. Mahesh 65 Cc», Adv.)
i-*~lI’§-:5
T111; Cximinal Revision Pctzitkm is filed 11/3 39? my 491
A ” C.1rV.LI5’L*{‘3 praying to set aside the judgment and seatence dt. 6–}–
‘{}_1’*g;asseri by the JMFC, héudigcrc, in CC.No.M62/96 and the
.. jmcigmcnt and, sentence dt.29-4-05 passed by the 19.0., F’i'(3–II,
‘ .._Chi1magaim’, in C’.r1.A.No.8[01.
This Criminal Revision Pefitien coming on for irmaring,
this day, the Court, maria the foflowing:
3 Cr1.RP 93317005
the Txia} Court with the compiaint unécr to
take action against the accused for the ofi’encé__:’un(1éxf
138 of the Act.
3. The Trial Court
the process, the accused bgfofi Court and
after recording the as
PWK1 and in hisVevide11g¢,:[‘ Exs.P.1
to R7. The of mcordécl under
Section was examined as
DWJ. Exs.D.I to 13.7. The
Trial {.”.’;’vH.’8[ 2001 and the Sam’ appeai came to be dismissed on
‘ fiefiis vide judgment and erder dateci 294.2095. Aggzicved by
” wths COI);C1iI’I’€Ikt findings of conviction, the petitioner has
appmachcd this Court in revision. f><':.
4. Cxi.RP 2733×2005
4. I have heard the learned. counsel for and
also the respondent. The points that arise for
are:
i. Whether the _iudgV::11en!;§’ pf
the gaefitsioner fo1V*»;§fl”e1A1.e-ea 1 138 0’f»
the Act aI1d.–t:he ‘fhereezi ‘aaafliixmeci in the
appeal is _
Wha2i;’0–zfieI?A
5. I112′ is (if learned counsel for the
petittiofier has failed to establish the
existenee pf’ c;eb:..;5:%lei1ia1§i1iiy<es:¢ an extent of Rs.2,I(),2S0/– and
that 33.3.6: exade the payment of Rs.5,43,250/-
< 'issuance cheque and thezefore, he submits that
that was payable to the complainant has
that the complainant has misused the cheque
"V..,Which'We':s given earlier and presented the same inspite of the
f_""ij_hat there was no éebt or liability on the part of the
aecused. It is his further contention that he has mazlmam' ed
a these accounts regalding the amount and prices of the eofiee
and these accounts reveai that he has paid Rs.5,43,250/~ anti
that therefore, the amount due at the most is RS: 70,()$)/' – and
3 CILRP 93352095
and the liability to an extent of Rs.2,1(_},250/- far which the
accused had issued the cheque to the complainant.
8. Learned counsel for the petitioner fl
followingdecisimzs: H ‘ ‘ A
2008 AIR sew 738 (K;isiu;a::’_A_’ “V; .
Dattatraya G. Hague) JV _ % ” ., . ‘ %
ILR 2008 KAR 4629 ve.’
wherein this Court: _ has held that
Secticn 139 of _ti.2e_ in favour of the
hoideif” cf’ e has ‘eeen issued in
debfi and the existence of legally
recovex~abVie”~£AiAebt tic,.Vi:1e..”~*’7proved by the complainant and the
_;1A;§u:7;ie11’A be discharged by him to raise
‘ Section 139 of the Act. So also, it is held
by. me that the pzesumption raised can be rebutted
aud the Bexden couid he éischarged on the basis of the
V. matefiei already brought on zeeord and that there is no
igeeessity far the accused to enter the witness box. The ieamed
V’ “counsel invimd my attention 1:0 Para 34 of the decision wherein.
it has been held as under: 94′
1?. CARP 933/2605
the sentence of impzjsonment dixccting the ..pay
the fine amount to an extemt of Rs.2,10,250/._§.e.i, tfie %¢hég1 1e__
amount + Rs.1,00{)/- as fine and Zflié defatilt “f~fc1:iCe,
answer Point N01 partly in A.
and proceed to pass the
The petiti§912V__is the conviction of
the pctitiogggaf-..:vf§)r:’::’ft§c 138 of the N.I.Act.
The segtgfice months awarded by the
‘Trial 1 fine amount is enhanced to
Rs.2,11;25{i/-. Gui awarded, Rs.i2,10,250/~– shall be
paid 110 _the 11.6., the respondent herein and the
.’ V. étazgunt ofmRs.1,000/- shall be credited to the State.
.’_I’i1t_- ‘V granted four months time to make the
pa§n*.3;¢n1;- E111: éiaiéfault of the payment of the amount Within four
‘-m0nthé,. shall undergo simple impximnment fer six months.
Sd/-
JUDGE
J1,