R. KALAI SELVI Vs. BHEEMAPPA

JUDGEMENT

(1.) Leave granted.

(2.) The short point in this appeal, against the order dated 15.01.2021, as passed by the High Court of Karnataka in Criminal Revision Petition No.515 of 2020, is as to whether the High Court was justified in providing that the deposit of fine amount shall be a condition precedent even for entertaining the criminal revision petition, preferred by the accused in terms of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.")?

(3.) The relevant background aspects of the matter are that in the complaint case instituted at the instance of the respondent, the Trial Court, by its judgment and order dated 29.08.2019, convicted the accused-appellant for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced her to fine in the sum of Rs.6,00,000/- (Rupees Six lakhs only) with the stipulation that in the event of default in payment of fine, she would undergo simple imprisonment for six months. An amount of Rs.5,90,000/- was directed to be paid to the complainant as compensation in terms of Section 357 Cr.P.C. and the balance amount was to be remitted to the State. The appeal taken by the accused-appellant was dismissed by the Appellate Court on 12.06.2020, maintaining the order of the Trial Court. Aggrieved, the appellant approached the High Court by filing Criminal Revision Petition No.515 of 2020.