(N.V. Ramana and Mohan M. Shantanagoudar, JJ.)
Prakash __________________________________________ Appellant
v.
Basavaraj J. Halappanavar _________________________ Respondent
Criminal Appeal No. 1101 of 2015, decided on July 12, 2018
The Order of the court was delivered by
Order
1. We have heard learned counsel appearing for the appellant and the learned counsel appearing for the respondent.
2. Brief facts of the case are that the accusedappellant had borrowed Rs. 2,32,000/from the respondent (complainant). Further, in lieu of the aforesaid debt, accused appellant had issued a Cheque No. 1521 of 16.10.2000. As the cheque was returned for ‘stop payment’, the respondent (complainant) filed a complaint before the Civil Judge and JMFC, Haveri under Section 138 of the Negotiable Instruments Act [for brevity ‘NI Act’].
3. By an Order dated 19.06.2010, the Civil Judge and JMFC, Haveri, convicted the petitioner under Section 138 of NI Act and sentenced the accused to undergo simple imprisonment of six months and also directed the accusedappellant to pay a fine of Rs. 4,64,000/out of which Rs. 4,62,000/was to be paid as compensation to the respondent (complainant) and in default he was further liable to suffer imprisonment of three months.
4. An appeal by the accusedappellant, before the Sessions Judge, was dismissed on 02.04.2013. Aggrieved by the aforesaid dismissal, the accusedappellant, approached the High Court in Criminal Revision Petition No. 431 of 2013.
5. By the impugned order dt. 07.08.2013, the High Court has also dismissed the Criminal Revision. Aggrieved by the consecutive, dismissal, the accusedappellant has approached this Court.
6. It may be necessary to point that before this Court, accusedappellant was directed to deposit the remaining amount of fine, while seeking exemption from surrendering. In accordance, with the aforesaid direction of this Court, it is represented before us, that the appellant has deposited the amounts on different dates (i.e., Rs. 1,00,000/on 17.08.2010, Rs. 58,000/on 28.05.2013 and Rs. 3,06,000/on 26.02.2014 and Rs. 1,00,000/on 11.02.2015) totalling to Rs. 5,64,000/which were kept in interest bearing Fixed Deposit Receipts in the Trial Court and this Court.
7. Having regard to the facts and circumstances of this case, we are of the considered opinion that the time period of imprisonment may be set aside and proportionately he be directed to pay additional compensation of Rs. 1,00,000/in addition to the deposited amount as a condition precedent for setting aside of the conviction.
8. Learned counsel appearing for the appellant prays for some time to deposit the aforesaid amount. Accordingly, we grant eight weeks from the day this order is communicated to the accusedappellant to deposit the amount (i.e., Rs. 1,00,000), before the trial court, as a condition precedent for setting side the conviction relating to imprisonment. Accordingly, the order is to operate automatically without further reference to the court, and he is exempted from being arrested for the interregnum period.
9. Respondent (complainant) is at liberty to withdraw the entire amount.
10. Further, it is represented before us that the money deposited by the accusedappellant is pending before the Registry, therefore the Registry is directed to release the aforesaid amount to the respondent (complaint) after due verification. Even trial court is ordered to release amount which will be deposited, if and when it is deposited, after due verification, to the respondent.
11. The appeal is, accordingly, disposed in the aforestated terms.
Criminal Appeal No(s). 1101/2015
Prakash _________________________________________ Appellant
v.
Basavaraj J. Halappanavar _________________________ Respondent
Date: 12-07-2018 This appeal was called on for hearing today.
(Before N.V. Ramana and Mohan M. Shantanagoudar, JJ.)
For Appellant(s) Ms. Kiran Suri, Sr. Adv.
Mr. S.J. Amith, Adv.
Mr. Krishan Kumar, Adv.
Mr. Ashwarya Kumar, Adv.
Dr. (Mrs.) Vipin Gupta, AOR
For Respondent(s) Mr. M. Khairati, Adv.
Mr. Irshad Ahmad, AOR
UPON hearing the counsel the Court made the following
ORDER
12. Leave granted.
13. The appeal is disposed of in terms of the signed order.
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