K Venkatesh Kumar vs G Kari Yellappa
2023 Latest Caselaw 10287 Kant

Karnataka High Court

K Venkatesh Kumar vs G Kari Yellappa on 12 December, 2023

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                                                    NC: 2023:KHC:45178
                                             CRL.RP No. 1291 of 2016




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 12TH DAY OF DECEMBER, 2023

                                    BEFORE
                     THE HON'BLE MR JUSTICE ANIL B KATTI
                CRIMINAL REVISION PETITION NO. 1291 OF 2016
             BETWEEN:

             K. VENKATESH KUMAR,
             S/O C. KANTHA RAJU,
             AGED ABOUT 43 YEARS,
             R/AT WARD NO.15,
             KALYANA MANTAP ROAD,
             ANEKAL TOWN - 562 106.
             BANGALORE RURAL DISTRICT.
                                                         ...PETITIONER
             (BY SMT. KRITHIKA BHAT, ADVOCATE FOR
Digitally       SRI. SHIVARAMA BHAT O., ADVOCATE)
signed by
SUMITHRA R   AND:
Location:
HIGH COURT   G. KARI YELLAPPA,
OF           S/O GIRIYAPPA,
KARNATAKA
             AGED ABOUT 56 YEARS,
             R/AT TELEGARAHALLI VILLAGE,
             KASABA HOBLI,
             ANEKAL TALUK,
             BANGALORE RURAL DISTRICT.
                                                        ...RESPONDENT
             (RESPONDENT SERVED)

                  THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
             PRAYING TO SET ASIDE THE ORDER DATED 08.09.2016
             PASSED IN CRL.A.NO.8/2013 ON THE FILE OF THE III ADDL.
             DIST. AND S.J., BANGALORE RURAL DISTRICT, SIT AT ANEKAL
             WHICH HAS RAISEN OUT OF THE ORDER DATED 28.08.2012
             PASSED IN C.C.NO.686/2009 ON THE FILE OF THE PRL. CIVIL
             JUDGE AND JMFC, ANEKAL.
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                                              NC: 2023:KHC:45178
                                         CRL.RP No. 1291 of 2016




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

                          ORDER

Smt.Krithika Bhat, K., learned counsel representing

Sri.Shivarama Bhat O., learned counsel for revision

petitioner is present and filed I.A.No.1/2023 under Section

482 of Cr.P.C., to convert the this criminal revision petition

as criminal appeal.

2. Heard the learned counsel for the revision

petitioner and perused the judgment of both the Courts

below.

3. The trial Court in C.C.No.686/2009 by judgment

dated 28.08.2012 has acquitted the accused for the

offences punishable under Section 138 of Negotiable

Instrument Act, 1881. The complainant has challenged

the same before the I Appellate Court on the file of the III

Additional District and Sessions Judge, Bengaluru Rural

District, sitting at Anekal. The said appeal came to be

dismissed on 08.09.2016. In the said appeal also learned

counsel for revision petitioner has filed application to

NC: 2023:KHC:45178

convert appeal into revision and the I Appellate Court has

rejected the same.

4. As against the judgment of acquittal passed by

the trial Court, accused in terms of Section 378(4) of

Cr.P.C., has to file before this court by obtaining a special

leave. It is pertinent to note that neither the appeal nor

revision was maintainable before the I Appellate Court as

against the judgment of acquittal passed by the trial

Court. Hence, under these circumstances, application at

I.A.No.1/2023 is allowed.

5. The revision petitioner/accused is permitted to

convert this revision petition into criminal appeal in terms

of Section 378(4) of Cr.P.C.

For all statistical purpose, the present criminal

revision petition is disposed of accordingly.

SD/-

JUDGE

GPG

CT:SNN