Nava Bharath Finance Corporation vs Shri. Veerappa S/O. Siddramappa
2023 Latest Caselaw 2933 Kant

                                                     -1-
                                                             CRL.RP No. 100077 of 2022




                                 IN THE HIGH COURT OF KARNATAKA

                                            DHARWAD BENCH

                               DATED THIS THE 6TH DAY OF JUNE, 2023

                                                  BEFORE
                               THE HON'BLE MR JUSTICE ANIL B KATTI
                                CRL. R. P. NO. 100077 OF 2022 (397-)
                        BETWEEN:

                        NAVA BHARATH FINANCE CORPORATION, HAVERI
                        R/BY ITS, MANAGING PARTNER
                        SHRI. FAKKIRESH S/O. VEERAPPA
                        BALIGAR, AGE. ABOUT 53 YEARS,
                        OCC. BUSINESS, R/O. HAVERI
                        DIST. HAVERI.

                                                                          ...PETITIONER

                        (BY SRI. ROHIT S. PATIL, ADVOCATE)

                        AND:

          Digitally     SHRI. VEERAPPA S/O. SIDDRAMAPPA
          signed by J
J
          MAMATHA       YALIWAL AGE. 62 YEARS, OCC. BUSINESS
MAMATHA   Date:
          2023.06.08    R/O. UMASHANKAR ROAD LINES,
          13:13:02 -
          0700          NEAR HUKKERIMATH, HAVERI
                        TQ AND DIST. HAVERI-581110.

                                                                         ...RESPONDENT

                        (BY SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE)

                             THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
                        401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT PASSED IN
                        CRIMINAL APPEAL NO.57/2019 DATED 03.12.2021 ON THE FILE OF
                        1ST ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI, AND
                        CONSEQUENTLY THE JUDGMENT AND ORDER OF CONVICTION AND
                                -2-
                                     CRL.RP No. 100077 of 2022




SENTENCE PASSED IN CC NO.212/2018 DATED 07.08.2019 BY PRL.
SENIOR CIVIL JUDGE AND CJM, HAVERI AT HAVERI BE CONFIRMED.

     THIS CRIMINAL REVESION PETITION, COMING ON              FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
                            ORDER

Shri Rohit S.Patil, learned counsel for revision petitioner

present. Shri Manjunath A. Karigannavar, learned counsel for

respondent present.

2. Learned counsel for revision petitioner has filed

memo for converting the present revision petition into criminal

appeal.

3. Heard both learned counsel on the memo.

4. Revision petitioner/complainant filed complaint

against respondent/accused for the offence punishable under

Section 138 of the Negotiable Instruments Act on the file of Prl.

Senior Civil Judge and CJM, Haveri, in C.C.No.212/2018 (Old

CC No.317/2015). The trial Court after appreciation of

evidence convicted accused for the offence under Section 138

of N.I. Act and imposed sentence as per order of sentence.

5. Accused challenged the said judgment of conviction

and order of sentence before the first Appellate Court on the

CRL.RP No. 100077 of 2022

file of I Addl. District and Sessions Judge, Haveri, in

Crl.A.No.57/2019. The first Appellate Court after re-

appreciation of evidence on record allowed the appeal vide

judgment dated 03.12.2021 and set aside the judgment of

conviction and order of sentence passed by trial Court.

6. Now, position is that complainant is challenging the

acquittal order. In terms of Section 378 (4) Cr.P.C., appeal lies

against judgment of acquittal and the revision petition is not

maintainable. Hence, memo for conversion is accepted.

Revision petitioner is permitted to convert present revision

petition as an appeal in terms of Section 378 (4) of Cr.P.C.

7. Office is directed to register this petition as criminal

appeal under Section 378 (4) of Cr.P.C. and for all practical

purpose, present revision petition is ordered to be disposed of

accordingly.

(Sd/-) JUDGE

JM