Maruthi Merchants Finance ... vs Smt Bhagyamma
2023 Latest Caselaw 3171 Kant

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                                                 NC: 2023:KHC:19978
                                                 CRL.RP No. 660 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 12TH DAY OF JUNE, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                  CRIMINAL REVISION PETITION NO. 660 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-560 057
              REPRESENTED BY SHRI MANJAIAH B H
              AGED ABOUT 45 YEARS
              S/O LATE HANUMAIAH.
                                                          ...PETITIONER
              (BY SRI. VENKATESH G., ADVOCATE)

              AND:
Digitally
signed by N
UMA           SMT. BHAGYAMMA
Location:     D/O SHRI PUTTALINGAIAH
HIGH COURT    AGED ABOUT 56 YEARS
OF
KARNATAKA     NO.97, BHEL 2ND STAGE,
              NEAR MARAMMA TEMPLE,
              PATTANAGERE,
              RAJARAJESHWARI NAGARA,
              BENGALURU-560 098.
                                                         ...RESPONDENT

                   THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
              CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED
              23.08.2022, PASSED IN CRL.A.NO.1367/2015, ON THE FILE OF
              LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
              BENGALURU AND ETC.
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                                        NC: 2023:KHC:19978
                                         CRL.RP No. 660 of 2023




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

                             ORDER

The petitioner being aggrieved by the divergent view of

the Appellate Court, ought to have filed the criminal appeal

against the judgment of acquittal. However, filed this criminal

revision petition.

In view of Section 401(5) of Cr.P.C., this Court can

convert the criminal revision petition into criminal appeal.

Exercising the said power, the Registry is directed to convert

this criminal revision petition into criminal appeal.

In the mean time, the petitioner is directed to file the

appeal memo along with the relevant documents.

It is further directed that the Registry to place this

matter before the appropriate Bench having roster.

For the statistical purpose, the criminal revision petition

stands disposed of.

Sd/-

JUDGE

HR