R.N. Shivaramu vs K S Nagendra Prasad
2023 Latest Caselaw 4391 Kant

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                                                NC: 2023:KHC:24321
                                                CRL.RP No. 853 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 13TH DAY OF JULY, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                CRIMINAL REVISION PETITION NO.853 OF 2023
              BETWEEN:
              R.N. SHIVARAMU
              S/O NINGE GOWDA
              AGED ABOUT 41 YEARS,
              R/O KYTHANAHALLI VILLAGE,
              KASABAHOBLI,
              PANDVAPURA TALUK,
                                                         ...PETITIONER
              (BY SRI. ROHITH B J.,ADVOCATE-ABSENT)

              AND:
              K S NAGENDRA PRASAD
              S/O. SIDDALINGAMURTHY
              AGED ABOUT 42 YEARS
              R/O VIVEKANADASWAMY TEMPLE ROAD,
Digitally     KYATHANAHALLI VILLAGE,
signed by N
UMA           KASABA HOBLI
Location:
HIGH          PANDVAPURA TALUK
COURT OF
KARNATAKA                                               ...RESPONDENT
                   THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C.,
              PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
              27.02.2023 PASSED BY THE FIRST APPELLATE COURT WHICH
              IS PRODUCED AT ANNEXURE A AND REVERSE THE ORDERS
              AND THE FINDINGS PASSED THEREIN AND CONFIRM THE
              ORDER OF CONVICTION DATED 29.10.2021 PASSED BY THE
              TRIAL COURT WHICH IS PRODUCED AT ANNEXURE-B AND ETC.

                   THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
              THE COURT MADE THE FOLLOWING:
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                                         NC: 2023:KHC:24321
                                         CRL.RP No. 853 of 2023




                           ORDER

The petitioner herein was the complainant in

C.C.No.127/2019 before the Senior Civil Judge & JMFC,

Pandavapura (for short, 'the trial Court'). The trial Court

by its judgment and order dated 29.10.2021 convicted the

respondent-accused for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881.

Being aggrieved by the same, the accused preferred an

appeal in Crl.A.No.5040/2021 before the III Addl. District

& Sessions Judge, Mandya sitting at Srirangapatna (for

short, 'the appellate Court'). The appellate Court by its

judgment and order dated 27.02.2023 allowed the appeal

filed by the accused. Being aggrieved by the same, the

petitioner herein should have filed an appeal against the

judgment and order of the appellate Court.

2. However, inadvertently the petitioner has

preferred this revision petition, which is not maintainable.

Hence, the office objection raised by the Registry is

sustainable.

NC: 2023:KHC:24321 CRL.RP No. 853 of 2023

3. The revision petition is not maintainable.

4. However, the Registry is directed to convert this

revision petition into appeal on receiving the appeal

memorandum by the learned counsel for the petitioner-

complainant within a period of two weeks from today and

also to place the matter before the bench having roaster.

5. For statistical purpose, this criminal revision

petition is disposed of.

Sd/-

JUDGE

BSR