M/S Eureka Enterpirses vs M/S R.P.A Enterprises
2023 Latest Caselaw 5407 Kant

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                                                    NC: 2023:KHC:27957
                                               CRL.RP No. 967 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 8TH DAY OF AUGUST, 2023

                                    BEFORE
                       THE HON'BLE MRS JUSTICE M G UMA
                   CRIMINAL REVISION PETITION NO.967 OF 2023

            BETWEEN:

                M/S EUREKA ENTERPRISES
                NO.20, 6TH CROSS
                PAMPA EXTENSION
                KEMPAPURA, HEBBALA
                BENGALURU - 560024
                REPRESENTED BY ITS
                AUTHORIZED SIGNATORY
                MR.SATISH B.S.

                                                         ...PETITIONER
            (BY SRI. AMSHITH HEGDE H S, ADVOCATE)

            AND:
Digitally
signed by
CHAITHRA        M/S R.P.A ENTERPRISES
A
                NO.1003, 16TH MAIN
Location:
HIGH            15TH CROSS, STAGE-2
COURT OF        BTM 2ND STAGE
KARNATAKA       BENGALURU - 560 076
                REPRESENTED BY ITS
                PROPRIETOR
                MR.SHASHISHEKAR

                AND ALSO R/AT
                MR.SHASHI SHEKHER KUMAR RAI
                S/O RAJENDRA RAI
                R/AT NO.29-C, 10TH CROSS
                14TH CROSS, BTM 2ND STAGE
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                                                 NC: 2023:KHC:27957
                                            CRL.RP No. 967 of 2023




    BENNERUGHATTA ROAD
    BENGALURU - 560076

                                                       ...RESPONDENT
     THIS CRL.RP IS FILED U/SEC.397 R/W 401 CR.P.C BY THE
ADVOCATE      FOR   THE    PETITIONER        PRAYING      THAT      THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT AND ORDER DATED 19.05.2023 PASSED BY THE
COURT OF THE HONBLE XXX A.C.M.M BENGALURU CITY IN
C.C.NO.6566/2022 (ANNEXURE-A) AND ETC.

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

                            ORDER

The petition is filed by the petitioner -

complainant being aggrieved by the order dated

19.05.2023 passed by the learned Magistrate in

C.C.No.6566/2022, wherein the accused has been

acquitted for the offence punishable under Section 138 of

Negotiable Instruments Act.

2. The office has raised objection regarding

maintainability of the criminal revision petition since

remedy of appeal is available before the competent forum.

NC: 2023:KHC:27957 CRL.RP No. 967 of 2023

3. Office objection is accepted.

4. Therefore, the criminal revision petition is

disposed off with a liberty to the petitioner to avail the

remedy of preferring the appeal before appropriate forum.

Sd/-

JUDGE

NBM