B Geetha vs Swamy
2023 Latest Caselaw 2930 Kant

                                        -1-
                                              NC: 2023:KHC:19103
                                               CRL.RP No. 450 of 2014




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 6TH DAY OF JUNE, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                 CRIMINAL REVISION PETITION NO. 450 OF 2014
              BETWEEN:

              B. GEETHA,
              W/O LATE. NANJUNDASWAMY @ BABU,
              AGED ABOUT 40 YEARS,
              RESIDING AT NO.16,
              14TH CROSS, 4TH MAIN,
              BUDDAPPA ROAD, MTS COLONY,
              T.DASARAHALLI,
              BANGALORE-560 057.
                                                           ...PETITIONER
              (BY SRI. LAKSHMI KANTH, ADVOCATE (ABSENT))

              AND:

              SWAMY,
              S/O LATE.THANGAVEL CHETTIAR,
Digitally     AGED ABOUT 50 YEARS,
signed by N   RESIDING AT NO.347,
UMA           AVALAHALLI, ANJINAPURA POST,
Location:     BANGALORE - 560 062.
HIGH                                                   ...RESPONDENT
COURT OF
KARNATAKA
              (BY SRI. M. PRABHU, ADVOCATE (ABSENT))

                   THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
              PRAYING TO SET ASIDE JUDGMENT DATED:29.4.14 PASSED BY
              THE P.O., FTC-XII, BANGALORE IN CRL.A.NO.427/14 AND
              CONVICT THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
              ACT. AND SENTENCE HIM TO PAY THE DOUBLE THE AMOUNT
              COVERED UNDER THE CHEQUE AND ETC.,

                   THIS PETITION, COMING ON FOR HEARING, THIS DAY,
              THE COURT MADE THE FOLLOWING:
                                  -2-
                                        NC: 2023:KHC:19103
                                        CRL.RP No. 450 of 2014




                                ORDER

This criminal petition is filed against the acquittal order

passed by the Appellate Court. The office has not raised any

objection in respect of maintainability of this criminal revision

petition. However, it is noticed that the criminal revision

petition is not maintainable.

2. In view of the provision under Section 401(5) of

Cr.P.C, it is appropriate to direct the registry to convert the

criminal revision petition into criminal appeal and also direct

the petitioner to file appeal memo to that effect and the

registry is directed to post the case before appropriate Bench

having roaster.

For statistical purpose, this criminal revision petition is

disposed of.

Sd/-

JUDGE

PK