Sri Chandran V vs Mr. Raghu Elumalai
2022 Latest Caselaw 10265 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF JULY 2022

                         BEFORE

  THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

    CRIMINAL REVISION PETITION No.402 OF 2020


BETWEEN:

SRI CHANDRAN V.,
S/O P.VASU,
AGED ABOUT 59 YEARS,
RESIDING AT NO.330,
2ND CROSS, A.M.LAYOUT,
CHELLIKERE EXTENSION,
KALYANANAGAR POST,
BENGALURU-560 043.                ... PETITIONER

(BY SRI.KODANDARAMA GOWDA V., ADVOCATE)

AND:

MR.RAGHU ELUMALAI,
S/O ELUMALAI,
AGED ABOUT 35 YEARS,
RESIDING AT NO.24/31,
GANDHI STREET,
NEW PERUGALATHUR,
SRINIVASANAGAR,
KANCHEEPURAM DISTRICT,
BENGALURU-560 063,

ALSO AT :

OFFICE ADDRESS,
THE ASSISTANT MANAGER,
HSBC-OFFICE,
                                                  Crl.R.P.No.402/2020
                               2


NO.40, 2ND STREET,
KODANDARAMANAGAR,
PERUNGUDI, CHENNAI,
TAMIL NADU-600 078.                     ... RESPONDENT


     THIS CRIMINAL REVISION PETITION IS FILED U/S.397 OF
CR.P.C. PRAYING TO ALLOW THE APPLICATION UNDER
SECTION 397 OF CRIMINAL PROCEDURE CODE AND TO SET
ASIDE THE JUDGMENT OF ACQUITTAL AND ORDER FOR THE
OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT AND FURTHER ACQUIT THE
PETITIONER FROM THE CHARGES PUNISHABLE UNDER
SECTION 138 OF N.I.ACT IN C.C.NO.4312/2018 DATED
18.11.2019 BY THE VI ADDL.SMALL CAUSE JUDGE AND
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT
BENGALURU AND CONVICT THE RESPONDENT FOR THE
OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT, IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS      THROUGH      PHYSICAL     HEARING/VIDEO
CONFERENCING, THIS DAY, THE COURT MADE THE
FOLLOWING:

                           ORDER

Learned counsel for the petitioner files a memo

seeking conversion of this Criminal Revision Petition into

Criminal Appeal.

2. The registry has also raised an objection regarding

the maintainability of the criminal revision petition.

Crl.R.P.No.402/2020

3. In view of the above, imposing a cost of `500/-

payable by the petitioner to the Legal Services Committee

of this Court within a day from today and filing a

compliance memo along with receipt in the registry to that

effect, the conversion as sought for, is granted.

Registry to do the needful including further scrutiny,

if required.

Sd/-

JUDGE

TL