IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION NO.1424/2018 BETWEEN Sri.K.V.V.Giri @ Konada Varaha Venkata Giri, S/o.K.Appatchi, Aged about 46 years, R/at, House No.2674, 2nd Floor, 25th ‘B’ Main, 16th Cross, HSR Layout, Sector-1, Bangalore – 560 034 (By Dr.G.G.Shastri, Advocate) AND M/s.Poojitha Exports By its Proprietor, Smt.L.Latha, W/o.Mahesh, Aged about 35 years, Office at, Old House No.51/8, New No.978, 1st Main Road, 2nd Cross, Kamala Nehru Extension, Yeshwantpur, Bangalore – 560 022 ... Petitioner ... Respondent This Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C. praying to set aside the judgment/order passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH-67), dated 25.10.2018 in Criminal Appeal No.780/2018 with regards to reduction in compensation/fine amount from Rs.24,90,000/- (Rupees Twenty Four Lakhs Ninety Thousand only) to Rs.14,90,000/- (Rupees Fourteen Lakhs Ninety Thousand only) and to confirm the order passed by the XIX ACMM dated 02.04.2018 in its entirely in C.C.No.26941/2014.
This Criminal Revision Petition coming for Admission on this day, the court made the following:
ORDER Heard the learned counsel for the petitioner.
2. This Revision Petition came to be filed by the complainant-petitioner challenging the order of the First Appellate Court for having reduced the fine amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) imposed by the trial Court to Rs.15,00,000/- (Rupees Fifteen Lakhs only) in the said judgment.
3. Both the trial Court as well as the First Appellate Court passed a concurrent judgment convicting the respondent for the offence punishable under Section 138 of Negotiable Instrument Act, 1881, as the cheques issued by the respondent for Rs.14,00,000/- have been dishonored and the complaint has been filed by the complainant under Section 200 of Cr.P.C. against the accused for the offence punishable under Section 138 of Negotiable Instrument Act, 1881, which is not disputed before this Court. The petitioner has also not disputed in respect of the fine amount imposed by the Court below. However, learned counsel for the petitioner contended that though the trial Court imposed a fine of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) in its judgment dated 02.04.2018 and ordered to pay a compensation of Rs.24,90,000/- (Rupees Twenty Four Lakhs Ninety Thousand only) to the complainant. In respect of the said fine amount, appeal has been filed by the respondent and without assigning any reasons it was reduced to Rs.15,00,000/- (Rupees Fifteen Lakhs only) and ordered to pay Rs.14,90,000/- (Rupees Fourteen Lakhs Ninety Thousand only) as compensation to the complainant, which is not correct.
4. Upon hearing the learned counsel for the petitioner on the provisions of Section 138 of Negotiable Instrument Act, 1881, no doubt which provides the punishment with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque or with both. But the Court requires to assign sufficient reason for imposing the fine double the cheque amount while passing the sentence.
5. On perusal of the judgment of trial Court, while passing the sentence absolutely there is no reference available in findings in order to impose fine of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) almost double the amount of cheque. The First Appellate Court reduced the said amount stating that it was exorbitant and no proper reasons have been assigned. However, normally Section 138 of Negotiable Instrument Act, 1881, is a summary proceedings in respect of which Court is required to pass appropriate sentence while passing the orders.
6. The learned counsel for the petitioner has challenged only in respect of reduction of compensation by the First Appellate Court, but has not challenged any other findings in respect of the judgment of the trial Court as well as the First Appellate Court. Therefore, the Court below i.e., the First Appellate Court has exercised its power and held that the fine was examined and the same is reduced to Rs.15,00,000/-(Rupees Fifteen Lakhs only). However, the First Appellate Court also ordered to pay a compensation of Rs.14,90,000/- (Rupees Fourteen Lakhs Ninety Thousand only).
Therefore, there is no error or illegality committed by the First Appellate Court while reducing the fine amount in the Appeal. Accordingly, this Criminal Revision Petition is dismissed.
SD/- JUDGE KPS