T N Ramesh vs Farin Noushad Ahamed
2022 Latest Caselaw 6056 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF APRIL, 2022

                     BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION No.303 OF 2022

BETWEEN:

T. N. RAMESH,
S/O T.R. NAGENDRA RAO,
AGED ABOUT 48 YEARS,
R/O THIRTHAMATTUR VILLAGE,
THIRTHAMATTUR POST,
THIRTHAHALLI TALUK,
SHIVAMOGGA DISTRICT.
                                     ...PETITIONER

(BY SRI.PAVANA CHANDRA SHETTY H., ADVOCATE)

AND:

FARIN NOUSHAD AHAMED,
W/O NOUSHAD AHAMED,
AGED ABOUT 50 YEARS,
R/AT BEHIND SHARADA,
RESIDENCY SCHOOL,
KUNJIBETTU, SHIVALLI VILLAGE,
UDUPI TALUK,
UDUPI DISTRICT.
                                    ... RESPONDENT

(BY SRI. HCGP)

    THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION U/S.397 R/W 401 CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT AND ORDER DATED
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18.12.2021 PASSED BY THE COURT OF I ADDL. SESSIONS
JUDGE, SHIVAMOGGA IN CRL.A.NO.67/2019 AND
CONFIRM/UPHELD THE ORDER DATED 27.02.2019
PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE
AND     JMFC,   THIRTHAHALLI   IN    C.C.NO.7/2017,
CONVICTION AND SENTENCE U/S 255(2) OF CRIMINAL
PROCEDURE         CODE,      CONVICTED         THE
ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 138
OF N.I ACT AND SETENCED TO PAY A FINE OF
RS.5,05,000/- OUT OF WHICH A SUM OF RS.5,000/-
SHALL GO TO STATE AS PENALTY AND REMAINING
AMOUNT OF RS.5,00,000/- SHALL BE PAID TO BE THE
COMPLAINANT, IN DEFAULT OF PAYMENT OF FINE, THE
ACCUSED SHALL UNDERGO S.I FOR A PERIOD OF 6
MONTHS.

    THIS CRIMINAL REVISION PETITION COMING ON
FOR ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
                   ORDER

Sri.Pavan Chandra Shetty, learned counsel for the

petitioner submits that by mistake the revision petition

is filed under Section 397 Cr.P.C, but actually the same

needs to be converted into an appeal.

2. Placing his submission on record, Crl.RP

No.303/2022 is hereby disposed of for statistical

purpose with liberty to the petitioner to file an appeal.

3. The time spent in disposing of this matter

shall be excluded for appeal period is concerned.

Office is directed to return the certified copy.

Sd/-

JUDGE

GH