Smt. Anna Mary vs Sri. M. Srinivas
2023 Latest Caselaw 5977 Kant

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                                                       NC: 2023:KHC:30622
                                                  CRL.RP No. 1327 of 2015




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 28TH DAY OF AUGUST, 2023

                                         BEFORE
                   THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                   CRIMINAL REVISION PETITION NO. 1327 OF 2015
                BETWEEN:

                SMT. ANNA MARY,
                W/O. MR. BHASKAR,
                AGED ABOUT 43 YEARS,
                R/AT NO.26, 2ND CROSS,
                RAJA NEW LAYOUT,
                KALYANANAGAR POST,
                BANGALORE-560 043.
                                                            ...PETITIONER
                (BY SRI. GURUPRASAD .B.R, ADVOCATE)
                AND:

                SRI. M. SRINIVAS,
                S/O. MOGANNA GOWDA,
                AGED ABOUT 44 YEARS,
                R/AT NO.17/5, SLN HOUSE,
                SAPTHAGIRI LAYOUT, MARUTHI NAGAR,
                YELAHANKA HOBLI,
Digitally
                BANGALORE-560 064.
signed by
RENUKAMBA                                                  ...RESPONDENT
KG              (BY SRI. DORERAJ, ADVOCATE)
Location:            THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
High Court of   PRAYING TO SET ASIDE THE JUDGMENT DATED 05.11.2015 IN
Karnataka       CRL.A.NO.25122/2013 PASSED BY THE LVII ADDL. CITY CIVIL
                AND S.J., MAYOHALL UNIT, BANGALORE (CCH-58).

                     THIS PETITION COMING ON FOR HEARING THIS DAY,
                THE COURT MADE THE FOLLOWING:
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                                           NC: 2023:KHC:30622
                                     CRL.RP No. 1327 of 2015




                           ORDER

This revision is filed challenging the judgment of LVII

Additional City Civil and Sessions Judge, Mayo Hall Unit,

Bangalore in Crl.A.No.25122/2013 whereby the learned

Sessions Judge has set aside the judgment of acquittal

passed by XIV Additional Chief Metropolitan Magistrate,

Mayo Hall Unit, Bangalore in C.C.No.27748/2011 vide

judgment dated 12.08.2013 for the offences punishable

under Section 138 of Negotiable Instruments Act, 1881

(hereinafter referred to as 'the Act' for short).

2. The complainant had filed a complaint under

Section 200 of Criminal Procedure Code, 1973 (hereinafter

referred to as 'the Code' for short) alleging that the

accused has committed an offence punishable under

Section 138 of the Act.

3. The learned Magistrate after hearing the matter

acquitted the accused by exercising powers under Section

255(1) of the Code. Against the said judgment of

acquittal, the complainant has approached the learned

NC: 2023:KHC:30622 CRL.RP No. 1327 of 2015

LVII Additional City Civil and Sessions Judge in Criminal

appeal by filing an appeal under Section 374(3) of the

Code. However, Section 374 of the Code deals with

appeals from conviction and it does not deal with appeal

from acquittal.

4. Admittedly, this case is based on a private

complaint initiated by the complainant under Section 200

of the Code. In view of that issue, the acquittal order is

required to be challenged under Section 378(4) of the

Code before the High Court with leave of the court.

However, the learned Sessions Judge without jurisdiction

entertained the appeal and remanded the matter. When

the learned Sessions Judge has no power to entertain the

appeal, question of he remanding the matter to the

learned Magistrate does not arise at all. Hence, the order

under revision needs to be set aside. However, at the

same time, the matter needs to be remanded to the

learned Sessions Judge for exercising the powers under

Section 378(4) for returning the appeal memo for

NC: 2023:KHC:30622 CRL.RP No. 1327 of 2015

presentation before proper court. Hence, I proceed to

pass the following:

ORDER

1. The revision petition is allowed.

2. The impugned judgment passed by LVIII

Additional City Civil and Sessions Judge, Mayo

Hall Unit, Bangalore in Crl.A.No.25122/2013

dated 05.11.2015 is set aside.

3. The matter is remitted to the learned Sessions

Judge with a direction to return the appeal

memo for presentation before the appropriate

court under the provisions of Section 378(4) of

the Code of Criminal Procedure.

Sd/-

JUDGE

SS