SHIVARAM Vs. GAJANAN

JUDGEMENT

(1.) The revision petitioner has been convicted for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the ' N.I. Act ', for brevity) in CC No.1017/2012 by judgment dtd. 8/4/2014 by the learned Principal Civil Judge & JMFC, Bhatkal and sentenced to pay a fine of Rs.9,55,000.00 and in default, to undergo simple imprisonment for 6 months.

(2.) The revision petitioner/accused has challenged the said judgment in Criminal Appeal No.47/2014 and the respondent/complainant has filed an appeal seeking enhancement of the sentence in Criminal Appeal No.53/2014 and both were disposed of by the learned Principal District & Sessions Judge, Uttara Kannada, Karwar confirming the conviction of the revision petitioner for the offence punishable under Sec. 138 of N.I. Act and enhancing the fine amount to Rs.16,00,000.00. The revision petitioner has challenged the said judgment of the Appellate Court in these revision petitions.

(3.) An application is filed under Sec. 147 of N.I. Act read with Sec. 320 of Cr.P.C., signed by the revision petitioner, respondent and their respective counsel. The petitioner and respondent are present and they are identified by their respective counsel.