JUDGEMENT
VINEET SARAN,J. -
(1.) Leave granted.
(2.) The short point in this appeal, against the order dated 15.01.2021, as passed by the High Court of Karnataka in Criminal Revision Petition No.515 of 2020, is as to whether the High Court
was justified in providing that the deposit of fine amount shall be
a condition precedent even for entertaining the criminal revision
petition, preferred by the accused in terms of Section 397 read
with Section 401 of the Code of Criminal Procedure, 1973 (for short
"Cr.P.C.")?
(3.) The relevant background aspects of the matter are that in the complaint case instituted at the instance of the respondent, the
Trial Court, by its judgment and order dated 29.08.2019, convicted
the accused-appellant for the offence under Section 138 of the
Negotiable Instruments Act, 1881 and sentenced her to fine in the
sum of Rs.6,00,000/- (Rupees Six lakhs only) with the stipulation
that in the event of default in payment of fine, she would undergo
simple imprisonment for six months. An amount of Rs.5,90,000/- was
directed to be paid to the complainant as compensation in terms of
Section 357 Cr.P.C. and the balance amount was to be remitted to
the State. The appeal taken by the accused-appellant was dismissed
by the Appellate Court on 12.06.2020, maintaining the order of the
Trial Court. Aggrieved, the appellant approached the High Court by
filing Criminal Revision Petition No.515 of 2020.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.