Karnataka High Court
Sri Venkatesh C vs Sri P Srinivas Reddy on 28 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:24133
CRL.RP No. 812 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 812 OF 2024
BETWEEN:
SRI. VENKATESH C.,
S/O. CHANDRAHASA,
AGED ABOUT 54 YEARS,
R/AT: NO.88, AKKAYAMMA NILAYA,
OPP. TO PHILOMINA HOSPITAL,
NAGAWARA OLD VILLAGE,
BENGALURU 560 045.
...PETITIONER
(BY SRI. SATHISH BABU M., ADVOCATE)
AND:
SRI. P. SRINIVAS REDDY,
S/O SRI. P. VENKATARAMA REDDY,
Digitally AGED ABOUT 51 YEARS,
signed by R/AT NO.52, VIDYASAGAR,
YAMUNA K L THANISANDRA MAIN ROAD,
Location: High BENGALURU-560 077.
Court of
Karnataka ...RESPONDENT
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 14.03.2024 PASSED IN
CRL.A.NO.25111/2023 ON THE FILE OF LXII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU
(CCH-73) IN ALLOWING THE CRIMINAL APPEAL FILED BY THE
RESPONDENT UNDER SECTION 374(3) OF CR.P.C. AND
SETTING ASIDE THE JUDGMENT OF CONVICTION DATED
17.03.2023 PASSED IN C.C.NO.56031/2021 ON THE FILE OF
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NC: 2024:KHC:24133
CRL.RP No. 812 of 2024
XV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT,
MAYO HALL UNIT, BENGALURU FOR THE OFFENCES
PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE
INSTRUMENTS ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
None present on behalf of the revision petitioner.
2. Order passed in CC No.56031/2021 convicting the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 is set aside by the First Appellate Court and accused stood acquitted. Against such an order, appeal is maintainable and revision petition is not maintainable. Accordingly, office objections upheld.
3. The revision petition is dismissed as not maintainable. However, dismissal of the revision petition shall not come in the way of the revision petitioner filing an appeal before the appropriate Court in accordance with law.
4. Time spent in this revision petition shall be excluded under Section 14 of the Limitation Act, 1963. -3-
NC: 2024:KHC:24133 CRL.RP No. 812 of 2024
5. Office to return the certified copies after keeping photocopies.
Sd/-
JUDGE CPN