Sri Dr. Rajendra S S/O Late N Somashekaraiah. Vs. a V Ramesh S/O. Late Venugopal. - Court Judgment

Excerpt:

[mr. justice a.s.pachhapure, j.] this criminal petition is filed under section 439 cr.p.c praying to release toe petitioner on bail in s.c.no. 150/2010 (crime no. 159/2010 of puttur town police station. on the file of the p.o.. ftc. puttur, d.k.. for the offence p/u/s 376 and 506 of ipc......counsel for the revision respondent. the material placed before this court is sufficient to dispose of the matter at. this stage.3. the primary facts of the case is as under:the accused is acquainted with complainant. accused borrowed a sum of rs.25,000/- for his legal necessities. he agreed to pay the same to the complainant, but he did not repaid the amount. the complainant demanded the amount. accused issued a cheque bearing no.393079 dated 28.7.2006 drawn on panjab and sindh bank, mysore, for a sum of rs.25,000/-. the said cheque was presented and it was returned with endorsement "funds insufficient" on 21.8.2006. thereafter legal notice was issued to the accused. the accused did not pay the cheque amount. thereafter a private complaint was filed under section 200 of cr.p.c. the trial court convicted the accused and he was sentenced to undergo simple imprisonment for one month and to pay a fine of rs.50.000/-.4. feeling aggrieved by the same the accused preferred an appeal before the court: of sessions. the court of sessions modified the sentence reducing the fine amount of rs.50.000/- and in default to pay fine, he shall undergo simple imprisonment, for 30 days.5......

Judgment:

1. This Revision Petition is filed under Section 397 of Cr.P.C. by the advocate for the petitioner praying that this Hon'ble Court may be pleased to set aside the order Annexure 'B' dated 3.1.2009 passed in Crl.A.No.204/2007 passed in the court of III Addl. District and Sessions Judge, at Mysore and confirm the order passed by the court of the IV Addl. Civil Judge (Jr.Dn.,) and JMFC. at Mysore on 2.7.2007 in C.O.No.468/2006 filed by the petitioner.

2. l have heard the learned counsel for the revision petitioner and the learned counsel for the revision respondent. The material placed before this Court is sufficient to dispose of the matter at. this stage.

3. The primary facts of the case is as under:

The accused is acquainted with complainant. Accused borrowed a sum of Rs.25,000/- for his legal necessities. He agreed to pay the same to the complainant, but he did not repaid the amount. The complainant demanded the amount. Accused issued a cheque bearing No.393079 dated 28.7.2006 drawn on Panjab and Sindh Bank, Mysore, for a sum of Rs.25,000/-. The said cheque was presented and it was returned with endorsement "funds insufficient" on 21.8.2006. Thereafter legal notice was issued to the accused. The accused did not pay the cheque amount. Thereafter a private complaint was filed under Section 200 of Cr.P.C. The trial Court convicted the accused and he was sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.50.000/-.

4. Feeling aggrieved by the same the accused preferred an appeal before the Court: of Sessions. The Court of Sessions modified the sentence reducing the fine amount of Rs.50.000/- and in default to pay fine, he shall undergo Simple Imprisonment, for 30 days.

5. Feeling aggrieved by the same the complainant has preferred this revision petition seeking for enhancement of the fine amount.

6. Learned counsel for the revision petitioner submits that a suitable order may be passed The learned counsel for the revision respondent submits that the fine amount maybe increased by Rs 5,000/-. Snee both the side agree for increase of line amount by Rs.5.000/- fine amount imposed by the Appellate Court i.e.. Rs.30,000./- increased to Rs.35,000/-. maintaining the judgment of conviction. With this observation this Criminal Revision Petition is disposed of.

7. If the fine amount is realised Rs.34,000/- shall be to the complainant and Rs. 1,000/- shall be paid 10 the State.