Basawaraj S/O Gurappa Biradar vs Sudheer Patil S/O Late Ramshetty ...
2022 Latest Caselaw 2433 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 15TH DAY OF FEBRUARY, 2022

                       BEFORE

        THE HON'BLE MR. JUSTICE V. SRISHANANDA

 CRIMINAL REVISION PETITION NO.200048/2016


BETWEEN:

BASAWARAJ
(SINCE DECEASED, BY LR)

1A.    SMT.BASAMMA W/O LATE BASAWARJ
       BIRADAR, AGE: 51 YEARS,
       OCC: HOIUSEHOLD WORK,
       R/O: MATOSHREE SHARANAMMA NILAY,
       PLOT NO.14, NEW RAGHAVENDRA COLONY,
       KALABURAGI - 585103.
                                      ... PETITIONER

(BY SRI ANILKUMAR NAVADAGI, ADVOCATE)


AND:

SUDHEER PATIL S/O LATE RAMSHETTY PATIL
AGE: 60 YEARS, OCC:LAW OFFICER, SSL LAW
COLLEGE OF HKES SOCIETY, R/O H.NO.2-2531,
UPPER LANE, JAGATH,
KALABURAGI.
                                     ... RESPONDENT

(BY SRI SHIVANAND PATIL, HCGP)
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      THIS    CRIMINAL     REVISION      PETITION   IS   FILED
UNDER SECTION 397 (1) OF CR.P.C. PRAYING TO ALLOW
THE REVISION PETITION & SET ASIDE THE JUDGMENT &
ORDER PASSED IN CRL.APPEAL NO. 100/12 DATED 5TH
JULY 2016 BY THE IV ADDL. DIST. & SESSIONS JUDGE AT
KALABURAGI AND RESTORE THE JUDGMENT & ORDER OF
HON'BLE      IV   ADDL.   JMFC       KALABURAGI   PASSED    IN
CRL.CASE NO. 1164/2003 ON 7 TH SEPTEMBER 2012.


      THIS PETITION COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

The present revision petition is filed challenging the

order passed by the learned District Judge in Criminal

Appeal No.100/2012 dated 05.07.2016, wherein, the

respondent/accused, who has been convicted for the

offence punishable under Section 138 of the Negotiable

Instruments Act was acquitted. Against the order of

acquittal by the first appellant Court, revision is not

maintainable and appeal is to be filed by the revision

petitioner herein.

2. The learned counsel for the petitioner has filed

a memo to that effect. The same taken on record.

3. Reserving the liberty for the revision petitioner

to file an appeal, the present revision petition stands

disposed of.

4. The complainant/revision petitioner is entitled

to benefit under Section 14 of the Limitation Act.

Office is directed to return the documents to the

learned counsel for the revision petitioner annexed to this

revision petition.

Sd/-

JUDGE

Srt