Prithvi J vs Sharan G S S
2022 Latest Caselaw 12910 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.171 OF 2015

BETWEEN:

Prithvi. J
Aged about 35 years
s/o. Jagadeesh Reddy,
R/at No.259, 9th Main,
Wilson Garden
Bangalore - 560027.
                                                ..Petitioner
(By Sri. K.N. Subba Reddy, Advocate)

AND:

Sharan. G.S.S.
Aged about 33 years,
S/o. Dr. Shashidhar,
R/at No.1147, 22nd Cross,
30th Main, BSK II Stage,
Near KIMS, College,
Bangalore - 560070.
                                             .. Respondent
(By Sri.G.K. Shivaprakash, Advocate)

                             ****

     This Crl.R.P. is filed under Section 397 read with Section
401 of the Code of Criminal Procedure, 1973, praying to allow
the revision petition by setting aside the acquittal judgment
dated 27-01-2015 passed in Crl.A.No.25036/2014 passed by the
Fast Track Court-III, Mayohall, Bangalore City; confirm the
                                                   Crl.R.P.No.171/2015
                                2


conviction and sentence judgment dated 25-01-2014 passed in
C.C.No.26474/2011 passed by the XXIV ACMM, Bangalore for the
offence punishable under Section 138 of N.I. Act directing the
Respondent/accused to pay a fine of `2,75,000/- in default of
payment of fine amount, he shall undergo simple imprisonment
for one year and out of the said fine amount `2,65,000/- shall be
paid to the complainant as compensation, as provided U/s. 357
of Cr.P.C. and `10,000/- shall be remitted to the State as fine
and grant any other reliefs as this Court deems fit to grant on
the facts and circumstances of the case, in the interest 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 afternoon.

2. Learned counsel for the petitioner has filed a

memo, seeking conversion of this criminal revision petition

into a Criminal Appeal.

3. The Registry also has raised an objection,

regarding the maintainability of this criminal revision

petition.

4. Learned counsel for the petitioner makes the

supporting submission on the lines of the memo.

Crl.R.P.No.171/2015

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,

as sought for by him, 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*