M/S Talacauvery House Building Co ... vs Sri Chandrashekar Gowda
2023 Latest Caselaw 3035 Kant

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                                                 NC: 2023:KHC:19493
                                                    CRL.RP No. 709 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 8TH DAY OF JUNE, 2023

                                       BEFORE
                       THE HON'BLE MR JUSTICE S RACHAIAH
                  CRIMINAL REVISION PETITION NO. 709 OF 2023

              BETWEEN:

              M/S. TALACAUVERY HOUSE BUILDING
              CO-OPERATIVE SOCIETY LTD., (REGD.)
              NO.3/3, 2nd FLOOR,
              VAMSH WHITE APARTMENTS,
              4tH CROSS, NEHRU NAGARA,
              SESHADRIPURAM, BENGALURU - 560 020.
              REPRESENTED BY ITS PRESIDENT
              SRI. K.V.VENKATESHAIAH,
              AGED ABOUT 77 YEARS,
              S/O LATE. K. VENATASUBBAIAH
                                                              ...PETITIONER
              (BY SRI. ABHINAV RAMANAND A., ADVOCATE)

              AND:
              SRI. CHANDRASHEKAR GOWDA,
              AGED ABOUT 50 YEARS,
Digitally
signed by N   S/O. AJJABYLE GOWDA,
UMA           NO.28 KANNEGOWDANAHALLI VILLAGE,
Location:     MYLANAHALLI POST, NELAMANGALA TALUK,
HIGH
COURT OF      BENGALURU RURAL DISTRICT - 562 162.
KARNATAKA
                                                             ...RESPONDENT

                    THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING
              TO SET ASIDE THE JUDGMENT AND ORDER DATED 03.03.2023 IN
              CRL.A.NO.1237/2018 PASSED BY THE LXI ADDITIONAL CITY CIVIL
              AND SESSIONS JUDGE, BENGALURU, WHEREBY THE SAID APPEAL
              WAS ALLOWED U/S 374(3) OF CR.P.C. AND CONFIRM THE
              JUDGMENT AND CONVICTION ORDER DATED 11.06.2018 IN
              C.C.NO.5532/2013 PASSED BY THE XXI ADDL.C.M.M., BENGALURU
              BY ALLOWING THE PRESENT PETITION AND GRANT COSTS.
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                                        NC: 2023:KHC:19493
                                        CRL.RP No. 709 of 2023




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


                                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