IN THE EIGH COURI' OF KARNATAKA, BANGALGRE
DATED THIS THE 24th DAY OF 1% "
BEFORE
THE HONBLE MR. RAL5A:$mAV% % '
CRIMINAL APPEA£:NO;'1_f1+29/i2OQ§.--ii
BETWEEN:
H. Rcvanasiddap_pa,;' _
S/0
Aged about 47?' ' '
Residant R113'; ._ V
Dava.1:<age1§e"Ta1iL";1;:;-- " '
% ; APPELLANT
" _ (By S.4fi?is4l"1;vajit11 Shctty, adv.)
'~ _
VA W'/0 Yogaxianda,
.L 'Aged anew; 516 'years,
.Te?ache1"'$_mt;'{"3auve1'amma,
High S<#-hos»: KB. Extcnstiun,
Dézrariagérre.
" RESPQNDENT
(fly Sri DR. Anandccshwara, adv.)
#11-ii-k
Criminal Appeal is filed U/ s.37'8(4) Cr.P. C. praying
' "to set aside the Judgment and order of acquittal passe
by the J.M.F.C-II Court, Davanagcrc, in C.C.No.8'73/O4
A ' dated 29/6/2005 acquitting the respondent] accused
for the oflbnce punishable under Sec.138 of N .1. Act.
counsei for the respondent tried to
by reiying on several Judgments. 1:’§3rff”vaifioeos’f
High Courts reported in zoos
Madras 67, 2005 Cr1.L.J. -and goes cr}.:;1J;eeis§s. A7
careful Pemsal of thfé. ‘ PEI, lliilldicates
that respondent hereinfilcheque Ex.P-1 in
favour of the came to be
dishonou:.ed’;V»_’«..V ,ofher crirninal cases
:f.i}C Except disputing the
“‘_1″::1j.fa.ve been altered as ‘3’ which
is found on. iEx.,}?e-.1 ?~’–ohei:1ue the other contents of Ex.P-1
‘~ ._ hasino-ti disputed at all. If really the cheque has
net’ s.iss_f;1ed in favour of the appellant, the
‘vfrould have given reply at the earliest point
of disclosing the material aiterations. The
decisions referred to by the eounsei for the respondent
not at a3} applicable to the facts of the case. When
the respondent has not denied the other contents made
by her in E1-LP-1, the Judgrnent and order of acquittal
A /’
E 5
r 2 ,/
_\’\j” ” ./’/
passed by the trial Court is totally K
proper appreciation of evidence” more-I
by the respondent cannot eorretitrjte 2 of ~’
evidence of P.W. 1 V
ought to have tvororlable in
favour of the to have
been held ” been issued in
favour of ‘respondent towards
legally other liability. Further it is
seen tea: :reej3orzdent herein filed crilrxinal
petitiezzm Efore this Horfble Court to quash
V x”””‘the triai Has not looked into the copy of the
” ” Contained in the file and come to a wrong
in acquitting the respondent
‘4 6. Hence, the appeal is allowed. The Judynent
and order of acquittal passed by the trial Court is set
aside. The respondent] accu$d’ »-is thcu ‘ j x
ofience punishabie under of V’
sentenced to pay fine of”dE:fa111″£
she shall undergo 3.1.. x for If ‘the Ifispondent
deposits the fine – shall
be paid to under Sec.357
Cr.P.(3. shall be cmditcd to
the staie
Sd/-5
Judge;
?:..2’a…