Sri Vijay Kumar vs Sri Y U Narasegowda
2022 Latest Caselaw 12909 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 8TH DAY OF NOVEMBER, 2022

                              BEFORE

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

CRIMINAL REVISION PETITION NO.1348 OF 2022

BETWEEN:

Sri. Vijay Kumar
S/o. Markandaiah
Aged 51 years,
R/at No.148, 3rd Floor,
Near Susheela Naidu
Kalyana Mantapa,
1st Main Road,
J.S. Nagar, Nandini Layout,
Bangalore - 560096.

                                       ..Petitioner

(By Sri. Manjunath M.R., Advocate)

AND:

Sri. Y.U. Narasegowda,
S/o. Ugrappa,
Aged about 45 years,
R/at B2/6, Door No.5,
MTRDC/DRDO Quarters,
HMT Post, Jalahalli,
Bangalore -560031.

Also At:

Bharath Electronic Limited,
MTRDC Department,
                                               Crl.R.P.No.1348/2022
                               2


Jalahalli,
Bangalore - 5600031.
                                              .. Respondent

                             ****

      This Crl.R.P. is filed under Section 397 read with Section
401 of the Code of Criminal Procedure, 1973, praying to call for
records related to in C.C.No.20354/2017 from the Court below;
set aside the impugned judgment and order passed by the Court
of LII Additional City Civil and Sessions Judge, Bengaluru (CCH-
53) in Crl.Appeal No.1406/2019 dated 04-05-2022; confirm the
judgment passed by the Hon'ble XIX ACMM Court, Bangalore in
C.C.No.20354/2017 by convicting the respondent/accused for
the offence punishable under Section 138 of the N.I. Act; further
be pleased to pass such other judgment, order, or directions as
this Court deem it fit and proper in the facts and circumstances
of the case, in the ends of justice and equity.


      This Criminal Revision Petition coming on for Orders,
through Physical Hearing/Video Conferencing Hearing this day,
the Court made the following:

                          ORDER

Called again in the third round.

2. Learned counsel for the petitioner, who is

physically present, files a memo, seeking conversion of this

criminal revision petition into a Criminal Appeal.

3. Registry also has raised an objection, regarding the

maintainability of this criminal revision petition.

Crl.R.P.No.1348/2022

4. Learned counsel for the petitioner makes the

supporting submission on the lines of the memo.

5. In view of the objection raised by the registry and

the memo filed by the learned counsel for the petitioner

today and the supporting submission made by him, the

conversion of this revision petition into a Criminal Appeal

is accorded.

The registry is directed to permit conversion of this

criminal revision petition into a criminal appeal, however,

subject to further scrutiny, if any, to be made by it in the

matter.

Sd/-

JUDGE

BMV*