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BETWEEN: -
Sri.Vishwas Petitioner
And:-
Bangalore,
Date: 20.11.2014 Advocate for Petitioner
IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.
BETWEEN:-
AND:-
Sri B.H. Manjunath, Respondent
SYNOPSIS
Sl. Date Events
No.
1 14.08.2014 The petitioner being aggrieved by the judgment of
conviction and sentence in C.C.No.342/2013 dated
14.08.2014 passed by the Hon’ble Principal Sr.
Civil Judge and CJM, Bangalore for the offence
punishable under Section 138 of Negotiable
Instruments Act sentencing the appellant to
undergo simple imprisonment for a period of six
months and to pay a fine amount of Rs.7,00,000/-
or in case of default to undergo simple
imprisonment for a period of 1 month, has
preferred Criminal Appeal before the District Civil
and Sessions judge, Bangalore in Criminal Appeal
No.850/2014.
2 12.09.02014 The appellate court vide order dated 12.09.2014
has suspended the sentence till conclusion of the
appeal on the condition that the Appellant shall
execute personal bond for Rs.10,000/- with a
surety for like sum to the satisfaction of the trial
magistrate court and to deposit 50% of the
compensation amount. But there is no time limit
stipulated in the said order.
3 18.11.2014 The petitioner having found that the condition so
imposed by the appellate court to suspend the
sentence being unreasonable and harsh has filed
the above petition.
Bangalore,
Date: 20.11.2014 Advocate for Petitioner
2
IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.
RANK OF PARTIES IN
Sri Vishwas
s/o Sudesh Kumar,
Aged about 23 years,
R/at. No.A/18,
1st Main, 2nd Cross,
Nagarbhavi,
Bangalore- 560091 … Accused /Appellant /Petitioner
And:-
Sri Abhishek,
S/o Hanumanthappa,
Aged about 35 years,
Residing at 1st Cross,
Rajajinagar,
Bangalore Complainant/Respondent/ Respondent
3
Section 389 (1) of Code of Criminal Procedure in Criminal Appeal
No.850/2014,pending on the file of the Court of the District and Sessions
Judge, at Bangalore, has filed the above petition. The Certified copy of
the Order is herewith furnished as Document No. 1.
4. That the parties to the petition are referred to as they stand before
the trial court for the sake of convenience. That the complainant has filed
a complaint under Section 200 Cr.P.C., for the offence punishable under
Section 138 of Negotiable Instruments Act, 1881 against the accused in
respect of alleged dishonour of cheque issued for a sum of Rs.3,50,000/-.
The accused upon service of summons has pleaded not guilty and the
trial took place and the trial court convicted the accused for the said
offence by imposing double the cheque amount as compensation in a
sum of Rs.7,00,000/- and also to undergo simple imprisonment for a
period of 6 months and in default to undergo further simple
imprisonment for a period of 1 month vide judgment dated 14.08.2014.
The copy of the Judgment is herewith enclosed as Document No.2.
GROUNDS
Bangalore,
Date: 20.11.2014 Advocate for Petitioner
5
IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.
BETWEEN: -
And:-
INDEX
Bangalore,
Date: 20.11.2014 Advocate for Petitioner
6
IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.
RANK OF PARTIES IN
Sri Vishwas
s/o Sudesh Kumar,
Aged about 23 years,
R/at. No.A/18,
1st Main, 2nd Cross,
Nagarbhavi,
Bangalore- 560091 … Accused /Appellant /Petitioner
And:-
Sri Abhishek,
S/o Hanumanthappa,
Aged about 35 years,
Residing at 1st Cross,
Rajajinagar,
Bangalore Complainant/Respondent/ Respondent
Bangalore,
Date: 20.11.2014 Advocate for Petitioner
7
IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.
BETWEEN: -
AND:-
MEMORANDUM OF FACTS
Bangalore,
Date: 20.11.2014 Advocate for Petitioner