Sri.Dundappa S/O Malakappa ... vs Chikkayya S/O Shrishailayya ...
2023 Latest Caselaw 2934 Kant

                                                  -1-
                                                        CRL.RP No. 100030 of 2020




                                   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
                          CRIMINAL REVISION PETITION NO. 100030 OF 2020 (397-)
                        BETWEEN:

                        SRI.DUNDAPPA S/O MALAKAPPA VALAKOTI
                        AGE: 93 YEARS, OCC: BUSINESS,
                        R/O: MAITRI GALLI, JAMAKHANDI,
                        DIST: BAGALKOT-587-301.

                                                                   ...PETITIONER

                        (BY SRI. SAURABH A SONDUR, ADVOCATE)

                        AND:

                        CHIKKAYYA S/O SHRISHAILAYYA GADAD
                        AGE: 55 YEARS, OCC: BUSINESS,
                        R/O: GADAD GALLI, JAMAKHANDI,
                        DIST: BAGALKOT-587301.
          Digitally
          signed by J
          MAMATHA
J
MAMATHA   Date:                                                  ...RESPONDENT
          2023.06.08
          13:15:34 -
          0700
                             THE CRIMINAL REVISION PETITION IS FILED U/S 397
                        R/W SECTION 401 OF CR.P.C., SEEKING TO SET ASIDE THE
                        JUDGMENT AND ORDER DATED 07/08/2018 PASSED BY THE I
                        ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, TO SIT
                        AT JAMKHANDI, IN CRL.A. NO.33/2013, FOR OFFENCES
                        PUNISHABLE UNDER SECTION 138 NI ACT AND
                        CONSEQUENTLY, CONFIRM THE JUDGMENT AND ORDER OF
                        ACQUITTAL DATED: 14/02/2013 PASSED BY THE PRL. CIVIL
                        JUDGE, JAMKHANDI IN C.C.NO.161/2009 REGISTERED FOR
                        OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT
                        AND ACQUIT THE PETITIONERS.
                                 -2-
                                       CRL.RP No. 100030 of 2020




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

Heard Sri.Saurabh A Sondur, learned counsel for

revision petitioner on office objection regarding

maintainability of revision petition.

Revision petitioner/complainant is challenging the

judgment of first appellate Court on the file of I Additional

District and Sessions Court, Bagalkot to Sit at Jamakhandi,

in criminal appeal No.33/2013 dated 07.08.2018 which

has set-aside the judgment of conviction passed against

respondent/accused for the offence punishable under

Section 138 of NI Act, in C.C.No.161/2009 vide judgment

dated 14.02.2013.

Therefore, judgment of acquittal has to be challenged

before this Court in terms of Section 378(4) of Cr.P.C. and

revision petition is not maintainable and accordingly, office

objections are upheld. consequently, proceed to pass the

following:

CRL.RP No. 100030 of 2020

ORDER

The revision petition filed by the complainant is

dismissed as not maintainable with liberty to

respondent/complainant to file appeal in terms of Section

378(4) of Cr.P.C.

(Sd/-) JUDGE

AC