DHAREPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed seeking quashing of the order dated 07.09.2018 passed in Criminal Appeal No.57/2018 on the file of IV Addl. District Judge at Vijayapur and to allow the application filed under section 389(1) of Cr.P.C., 1973 for suspending sentence and order dated 18.08.2018 passed by the III Addl. JMFC, Vijaypur in Criminal Case No.492/2008.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The brief facts of the case are that, the petitioner herein who is arrayed as accused No.1 was tried along with the accused No.2 for the offence punishable under Section 409 of IPC and the learned Magistrate by an order dated 18.08.2018 in Criminal Case No.492/2008, convicted the accused-petitioner herein and acquitted accused No.2. The accused-petitioner was sentenced to undergo simple imprisonment for a period of one year for the offence punishable under Section 409 of IPC and also directed to pay fine of Rs. 5,000/- and in default to pay the fine, to undergo simple imprisonment for a period of one month.