SUDHAKAR RAJACHAR Vs. M.R. SATHYAMURTHY

JUDGEMENT

(1.) Heard Sri R.V. Shivananda Reddy, learned counsel for the Revision Petitioner and Sri K.B. Prasanna, learned counsel for the respondent, with the consent of the parties, even though the matter is listed for admission, taken up for final disposal. Perused the records.

(2.) This Revision Petition is filed challenging the order dtd. 4/10/2018 passed in CC No.15835/2017 by the XVIII Addl. CMM, Bengaluru, whereby the accused have convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act [hereinafter referred to as the 'said Act' for short] and ordered to pay fine of Rs.11,00,000.00. Out of which, a sum of Rs.10,90,000.00 was ordered to be paid as compensation to the complainant which was confirmed in Criminal Appeal No.2029/2018 dtd. 6/3/2019 on the file of the LXIV Addl. City Civil and Sessions Judge (CCH-65), Bengaluru.

(3.) Learned counsel for the Revision Petitioner at the out set contends that both the courts have grossly erred in convicting the accused without there being recording of the accused statement as contemplated under Sec. 313 Cr.PC., and therefore, sought for allowing the Revision Petition.