IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL REVISION PETITION NO.494/2016 BETWEEN N Srinivasa S/o Late G Narayanaswamy Aged about 45 years R/at No.3, Sarakki Garden J P Nagar. VI Phase Bangalore-
(By Sri. Adinarayan, Advocate) AND V Varalakshmi W/o Late G Narayanaswamy Aged about 57 years R/at No.14, Ranganathapura 18th Cross, Malleswaram Bangalore – 560 003.
(By Sri. M S Venugopal, Advocate) ... Petitioner ... Respondent This Criminal Revision Petition is filed under Section 397 r/w 401 of the Code of Criminal Procedure, praying to, modify the judgments passed in Crl.A.No.480/2015 and C.C.No. 18555/2010 which are produced vide Annexure-A and B and directing the respondent to pay the double the cheques amount and also direct the respondent to pay the said amount with interest at the rate of 9% per annum by modifying the impugned judgment of conviction dated 25.02.2015 passed by the XXIII A.C.M.M, Bangalore passed in C.C.No.18555/2010 which is produced at Annexure-B as per the judgment of the Apex Court passed in the case of Vijay D. Selvi (2015(7)SCJ 30).
This Criminal Revision Petition Coming on for Final Disposal, this day, the court made the following:
ORDER This petition is filed by the petitioner seeking to modify the judgments rendered by the Courts below in Crl.A.No.480/2015 and C.C.No.18555/2010.
The petitioner/complainant filed a complaint in C.C.No.18555/2010 for the offence punishable under Section 138 of the N.I.Act against the respondent/accused. The trial Court vide judgment of conviction and order of sentence dated 25.02.2015 convicted the accused for the aforesaid offence. The accused/appellant filed an appeal before the lower Appellate Court in Crl.A.No.480/2015 which came to be dismissed vide judgment dated 03.11.2015, confirming the order of the trial Court. Against the said judgments, the present petition is filed by the petitioner/complainant seeking modification of the judgments passed by the courts below on the ground that the penalty imposed on the accused is inadequate.
In the meanwhile, learned counsel for the petitioner has filed a memo seeking dismissal of the petition as not pressed. The memo is placed on record. Accordingly, the petition is dismissed as not pressed.
Sd/- JUDGE DKB