Maruthi Merchants Finance ... vs Smt Laxmi Devi
2023 Latest Caselaw 2892 Kant

                                          -1-

                                                   CRL.RP No. 673 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 5TH DAY OF JUNE, 2023

                                       BEFORE
                       THE HON'BLE MR JUSTICE S RACHAIAH
                  CRIMINAL REVISION PETITION NO. 673 OF 2023
              BETWEEN:

              MARUTHI MERCHANTS FINANCE COMPANY
              A REGISTERED FIRM
              HAVING ITS OFFICE PRESENTLY AT NO 4/1,
              SHOP NO 3, 1ST FLOOR, K.K ROAD,
              T DASARAHALLI, BENGALURU- 560057
              REPRESENTED BY SHRI MANJAIAH B H
              AGED ABOUT 45 YEARS
              S/O LATE HANUMAIAH.
                                                             ...PETITIONER
              (BY SRI. VENKATESH G.,ADVOCATE)

              AND:

              SMT. LAXMI DEVI
              D/O. SHRI PUTTALINGAIAH
              AGED ABOUT 29 YEARS
Digitally
signed by N   NO 97, BHEL 2ND STAGE,
UMA           NEAR MARAMMA TEMPLE,
Location:     PATTANAGERE, RAJARAJESHWARI NAGARA,
HIGH COURT
OF            BENGALURU 560098
KARNATAKA                                                   ...RESPONDENT

                    THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
              ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
              COURT MAY BE PLEASED TO a) SET ASIDE THE JUDGMENT DATED
              23.08.2022 PASSED IN CRL.A.NO.1355/2015 ON THE FILE OF LV
              ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND
              ETC.,

                   THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
              COURT MADE THE FOLLOWING:
                                        -2-

                                                  CRL.RP No. 673 of 2023




                                  ORDER

The petitioner is challenged the order of acquittal in this

revision petition against the said order, appeal shall lie before

this Court.

2. The office has raised objection regarding

maintainability. The office objection in respect of maintainability

is sustainable. However, by exercising power under Section

401(5) of Cr.P.C, the Court can modify the criminal revision

petition into criminal appeal. Accordingly, the Registry is

directed to convert the criminal revision petition into criminal

appeal after receipt of appeal memo. The petitioner is directed

to file appeal memo within a period of two weeks from today.

For statistical purpose, this criminal revision petition is

disposed of.

Sd/-

JUDGE

PK