ASHOK S. BIDARAKOPPA Vs. M.G. CHANDRASHEKARA

JUDGEMENT

(1.) PETITIONER faced trial on a complaint lodged by M.G.Chandrashekara, son of M.G.Gurubasappa, under S.200 Cr.P.C. alleging commission of an offence punishable under S.138 of the Negotiable Instruments Act ("the Act" for short). The petitioner was found guilty of the offence and by a judgment dated 1.8.2011, learned JMFC-II, Shimoga, convicted the petitioner for the offence under S.138 of the Act and sentenced to pay fine of Rs.7,50,000/-, in default, to undergo simple imprisonment for a period of 3 months. Out of the fine amount, Rs.7,40,000/- was ordered to be paid to the L.Rs., of the complainant as compensation since the original complainant died during the pendency of the matter. Said judgment and order was questioned by the accused in Crl.A.No.128/2011 in the Sessions Court at Shimoga. The appeal was assigned to the Fast Track Court-I. Upon hearing the learned counsel appearing for the parties and after perusal of the record, the learned Presiding Officer, Fast Track Court-I, dismissed the appeal by a judgment dated 31.12.2011. This Criminal Revision Petition is directed against the said judgments and orders.

(2.) SRI Dinesh Kumar K Rao, learned counsel appearing for the petitioner, by obtaining instruction from the petitioner, who is present in the Court, filed a memo, in which it is stated that the petitioner is not pressing the revision petition as against the judgment of conviction and seeking leniency in the matter of payment of fine.

(3.) PETITIONER has faced prosecution for about 8 years in the Trial Court. After the conviction, he has filed the appeal, which having been dismissed, has deposited Rs.1,00,000/-. There is no evidence on record showing that the petitioner is a habitual offender and was found guilty for a similar offence on an earlier occasion. The cheques/Exs.P1 to P5 were issued for payment of Rs.5,00,000/-. In view of the bonafides shown by the petitioner in depositing Rs.1,00,000/-, I deem it just to interfere with the sentence of fine amount is concerned.