Karnataka High Court
Raghavendra S/O Yallappa Ballary vs Mustaq S/O Ibrahim Magami on 28 June, 2024
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NC: 2024:KHC-D:8831
CRL.RP No. 100245 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO. 100245 OF 2024
(397-)
BETWEEN:
RAGHAVENDRA S/O. YALLAPPA BALLARY,
AGE: 44 YEARS, OCC: PRIVATE WORK,
R/O: KAALIDAS NAGAR
VIDYANAGAR, HUBBALLI
TQ: HUBBALLI, DIST: DHARWAD,
AT PRESENT RESIDING AT H.NO.C-30,
NEAR RANADAMMA SCHOOL ,
ISHWAR NAGAR, HUGAR PLOT,
OLD - HUBBALLI-580024.
...PETITIONER
CHANDRASHEKAR (BY SRI. D. L. LADKHAN, ADVOCATE)
LAXMAN
KATTIMANI
AND:
HIGH
COURT OF MUSTAQ S/O. IBRAHIM MAGAMI,
KARNATAKA AGE: 44 YEARS, OCC: BUSINESS,
R/O: SADARSOFA, NEAR ZADPEERAN DARGA,
OLD - HUBBALLI, HUBBALLI.
...RESPONDENT
THIS CRIMINAL REVISION PETITION IS FILED U/SEC.
397 R/W 401 OF CR.P.C. SEEKING TO ALLOW THE CRIMINAL
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NC: 2024:KHC-D:8831
CRL.RP No. 100245 of 2024
PRECISION PETITION AND SET ASIDE THE JUDGMENT AND
ORDERS PASSED BY LEARNED 1ST ADDL. DISTRICT AND
SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN
CRL.APPEAL NO.5008/2024 DATED 29.04.2024, WHICH SET
ASIDE THE JUDGMENT AND ORDER PASSED BY JMFC 1 COURT,
HUBBALLI, IN C.C.NO.2234/2021 DATED 30.12.2023,
CONVICTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE
P/U/SEC 138, OF NI ACT AND SENTENCED TO PAY A FINE OF
RS. 5,10,000/- IN DEFAULT TO PAY THE FINE, ACCUSED SHALL
UNDERGO SIMPLE IMPRISONMENT OF 6 MONTHS, FURTHER
ACTING U/SEC. 357(1)(a) OF CR.P.C. OUT OF THE FINE
AMOUNT A SUM OF RS.10,000/- SHALL BE DEFRAYED AS
PROSECUTION EXPENSES TO THE STATE. FURTHER ACTING
U/SEC. 357(1) (b) OF CR.P.C. A SUM OF RS. 5,00,000/- OUT
OF THE FINE AMOUNT ON RECOVERY SHALL BE PAID AS
COMPENSATION TO THE COMPLAINANT, AND THEREBY
CONVICT THE RESPONDENT/ACCUSED, BY IMPOSING COST OF
REVISION PETITION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:8831
CRL.RP No. 100245 of 2024
ORDER
The present revision is filed against the judgment of acquittal passed by the Sessions Court by the aggrieved party. The appeal shall lie against the said order. However, due to inadvertent, aggrieved party has filed this revision petition instead of filing the appeal. Therefore, it is appropriate to direct the Registry to convert this criminal revision petition into criminal appeal on receiving the appeal memo by the petitioner herein.
For the statistical purpose, the revision petition stands disposed of.
Sd/-
JUDGE VMB CT:ANB List No.: 2 Sl No.: 3