Mayavati Yerdoor v. State of Karnataka

NC:(2026:KHC:24583( CRL.RP(No.(1660(of(2024( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(30 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(V(SRISHANANDA( CRIMINAL(REVISION(PETITION(NO.1660(OF(2024( (397(Cr.PC)(/(438(BNSS)( BETWEEN:(( ( , MAYAVATI,YERDOOR, W/O,SUDHAKAR,, AGED,ABOUT,50,YEARS,, NDR/AT,NO.50,,2 ,FLOOR,,, TH 9 ,MAIN,ROAD,,MANJUNATHA,NAGAR,, WEST,OF,CHORD,ROAD,,RAJAJI,NAGAR,, BANGALORE-,

…PETITIONER, (BY,SRI,DHANANJAY,KUMAR,,ADVOCATE), AND:( ( , STATE,OF,KARNATAKA, R/BY,SRIRAMPURA,P,S,, R/BY,SPP,,

HIGH,COURT,OF,KARNATAKA,, BANGALORE-560001, Digitally …RESPONDENT,signedtiby

,MALATESH K0C (BY,SMT.WAHEEDA.M.M,,HIGH,COURT,GOVERNMENT,PLEADER), Location: THIS, CRIMINAL, REVISION, PETITION, IS, FILED, UNDER,HIGH COURT0OF SECTION, 397, R/W, 401, CODE, OF, CRIMINAL, PROCEDURE,, KARNATAKA PRAYING, TO, SET, ASIDE, THE, JUDGMENT, DATED, 15.11.2024, PASSED, IN, CRL.A.NO.128/2020, ON, THE, FILE, OF, LXIII, ADDL.CITY, CIVIL, AND, SESSIONS, JUDGE,, BENGALURU, DISMISSING,THE,CRIMINAL,APPEAL,FILED,BY,THE,REVISION, PETITIONER, (APPELLANT, IN, THE, TRIAL, COURT), AND,

CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 06.01.2020 PASSED IN C.C.NO.16505/2011 ON THE FILE OF IV A.C.M.M BENGALURU BY ALLOWING THE ABOVE REVISION PETITION AND THEREBY ACQUIT THE ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 409, 465, 467, 468, 471 OF INDIAN PENAL CODE.

THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER Heard Sri Anurag Kini K., learned counsel appearing on behalf of Sri Dhananjay Kumar, counsel for the revision petitioner and Smt. Waheeda M.M., learned High Court Government pleader for the respondent/State.

¶2Revision petitioner is the accused who has suffered an order of conviction dated 06.01.2020, on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable section 409, 465, 467, 468 and 471 of Indian Penal Code and sentenced as under which was confirmed in Criminal Appeal No.128/2020, dated 15.11.2024,

on the file of LXIII Additional City Civil and Sessions Judge, Bengaluru City. "For having committed the offence punishable u/s.409 of IPC accused is sentenced to undergo Simple Imprisonment for 1 year and shall pay a fine of Rs.3,000/- and in default of payment of fine the accused shall undergo Simple Imprisonment for 4 months. For having committed the offence punishable u/s.465 of IPC accused is sentenced to undergo Simple Imprisonment for 6 months and shall pay A fine of Rs.1,000/- and in default of payment of fine the accused shall undergo Simple imprisonment for 2 months. For having committed the offence punishable u/s.471 of IPC accused is sentenced to undergo Simple Imprisonment for 6 months and shall pay a fine of Rs.1,000/- and in default of payment of fine the accused shall undergo Simple Imprisonment for 2 months. For having committed the offence punishable u/s.467 of IPC accused is sentenced to undergo Simple Imprisonment for 1 year and shall pay a fine of Rs.3,000/- and in default of payment of fine the accused shall undergo Simple Imprisonment for 4 months.

For having committed the offence punishable u/s.468 of IPC accused is sentenced to undergo Simple Imprisonment for 1 year and shall pay a fine of Rs.2,000/- and in default of payment of fine the accused shall undergo Simple Imprisonment for 4 months. The substantive sentence shall run concurrently.

¶3Sri Kini, learned counsel for the petitioner at the outset would submit that petitioner is prepared to pay the misappropriated amount and sum more Rs.1,00,000/- as the enhanced fine amount and seeking the lenience from this Court to be shown to her by setting aside the imprisonment as she is a first time offender.

¶4Said submission is opposed by the learned High Court Government Pleader.

¶5Taking note of the attendant facts and circumstances of the case and noting the overwhelming material evidence on record including the handwriting, signature etc., in view of the opinion of the expert, the conviction order needs to be maintained.

¶6However, since the petitioner is a first time offender, petitioner is directed to deposit the entire misappropriated amount of Rs.1,38,800/- on or before

15.05.2026 and to pay enhanced fine of Rs.1,00,000/- on or before 10.06.2026 so as to set aside the imprisonment.

¶7Accordingly, the following: ORDER

(i) Criminal Revision Petition is allowed in part.

(ii) While maintaining the conviction of the accused for the offence punishable under Section 409, 465, 467, 468 and 471 of Indian Penal Code, sentence ordered by the learned Trial Magistrate, confirmed by the First Appellate Court is modified by directing the petitioner to undergo simple imprisonment for the day till the raising of the Court and to pay entire misappropriated amount of Rs.1,38,800/- on or before 15.05.2026 and to pay enhanced fine amount of Rs.1,00,000/- on or before 10.06.2026.

(iii) Failure to pay the enhanced fine amount or the misappropriated amount as ordered, the sentence

ordered by the learned Trial Magistrate, confirmed by the First Appellate Court stands restored automatically. Sd/- (V SRISHANANDA) JUDGE MR, List No.: 2 Sl No.: 63