Charls Lobo vs Naveen Kumar
2023 Latest Caselaw 3256 Kant

                                              -1-
                                                      NC: 2023:KHC:20532
                                                      CRL.RP No. 540 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 14TH DAY OF JUNE, 2023
                                             BEFORE
                           THE HON'BLE MR. JUSTICE S RACHAIAH
                       CRIMINAL REVISION PETITION NO. 540 OF 2015
                   BETWEEN:
                   CHARLS LOBO
                   S/O LOUIS LOBO
                   AGED ABOUT 65 YEARS
                   R/O KUDAMARA HOUSE
Digitally signed   CHIKKAMUDNOOR VILLAGE
by N UMA           PUTTUR TALUK
Location:          D.K.DISTRICT - 571 249.
HIGH COURT
OF
KARNATAKA                                                      ...PETITIONER
                   (BY SRI. SHARATH P.H, FOR
                       SRI. SACHIN B S, ADVOCATE)
                   AND:
                   NAVEEN KUMAR
                   S/O SADASHIVA SHETTY
                   AGED ABOUT 39 YEARS
                   R/O CHANDALIKE
                   VITTAL KASABA VILLAGE
                   BANTWAL TALUK
                   D.K.DISTRICT - 571 249.

                                                              ...RESPONDENT
                   (BY SRI. SUYOG HERELE, ADVOCATE)
                        THIS CRL.RP IS FILED U/S.397 AND 401 CR.P.C PRAYING
                   TO SET ASIDE THE JUDGMENT DATED 24.3.2015 PASSED IN
                   CRL.A.NO.361/2013 ON THE FILE OF V ADDL. DIST. AND S.J.,
                   D.K., MANGALORE SITTING AT PUTTUR, D.K. AND THIS
                   MEMORANDUM OF CRL.R.P. BE ALLOWED

                        THIS CRIMINAL REVISION PETITION, COMING ON FOR
                   FINAL HEARING, THIS DAY, THE COURT MADE THE
                   FOLLOWING:
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                                          NC: 2023:KHC:20532
                                           CRL.RP No. 540 of 2015




                                ORDER

1. Heard Sri.Sharath P.H, learned counsel appearing on

behalf of Sri.Sachin B.S., learned counsel for the

petitioner and Sri.Suyog Herele, learned counsel for the

respondent.

2. On perusal of the findings of the Trial Court and the

Appellate Court, it appears that the Trial Court convicted

the respondent for the offence punishable under Section

138 of the Negotiable Instruments Act, 1881, being

aggrieved by the same, the respondent preferred an

appeal before the Appellate Court. The Appellate Court

allowed the appeal and set aside the judgment and order

passed by the Trial Court, against which, the petitioner

herein had to file an appeal before this Court, however,

inadvertently, the revision petition is filed by the

petitioner, which is not maintainable.

3. In exercise of power vested under Section 401(5) of

Cr.P.C, the Registry is directed to convert the Criminal

Revision Petition into Criminal Appeal.

NC: 2023:KHC:20532 CRL.RP No. 540 of 2015

4. The learned counsel for the petitioner is directed to file

the appeal memo to that effect within a period of two

weeks from today.

5. Registry is directed to post this case before the

appropriate Bench having roster.

6. For statistical purpose, this criminal revision petition is

disposed of, accordingly.

Sd/-

JUDGE

UN