M/S Megur Prakash Arecanut ... vs Sri K.S. Ganesh
2023 Latest Caselaw 3331 Kant

                                        -1-
                                              NC: 2023:KHC:20603
                                                CRL.RP No. 96 of 2014




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 15TH DAY OF JUNE, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                  CRIMINAL REVISION PETITION NO. 96 OF 2014
              BETWEEN:

              M/S MEGUR PRAKASH ARECANUT COMPANY
              A.P.M.C. YARD SHIMOGA
              REPRESENTED BY ITS PARTNER,
              SRI.T.SRIRANGA
              S/O T.MANJAPPA
              AGED ABOUT 47 YEARS,
              SHIMOGA-577 202


                                                         ...PETITIONER
              (BY SRI.K. HEMANTH KUMAR, ADVOCATE)
              AND:
              SRI K.S. GANESH
              S/O SRINIVAS GOWDA,
              AGED ABOUT 40 YEARS,
              R/O KODLU,
Digitally
signed by N   UNTOORUKATTE KAIMARA APOST,
UMA           THIRTHALLI TALUK-577 424
Location:
HIGH COURT
OF                                                     ...RESPONDENT
KARNATAKA     (BY SRI. PRUTHVI WODEYAR, ADVOCATE)
                   THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE
              ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
              COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF
              DISMISSAL OF C.C.NO.77/2007 BY THE C.J.M., SHIMOGA
              ORDER DATED 30.11.2013 AND RESTORE THE C.C.NO.77/2007
              ON THE FILE OPF C.J.M., SHIMOGA.

                   THIS PETITION, COMING ON FOR FINAL HEARING, THIS
              DAY, THE COURT MADE THE FOLLOWING:
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                                       NC: 2023:KHC:20603
                                         CRL.RP No. 96 of 2014




                            ORDER

1. Heard learned counsel for the respective parties.

The learned counsel for respondent raised ground that criminal

revision petition is not maintainable against the order passed

by the Trial Court under Section 256 of Cr.P.C.

2. In support of his contention, he has made available

the judgment of Co-ordinate Bench of this Court in

Crl.P.No.719/2015. On reading of the judgment of Co-ordinate

Bench of this Court, para No.5 reads as under:

"5. On reading of the provision, it would clearly indicate that the dismissal of the complaint for non appearance of the complainant is nothing but an acquittal where the complainant is required to file appeal under Section 378 of Cr.P.C., before this Court by seeking leave of this Court against the order of acquittal. Therefore, the appellate Court rightly held that the revision is not maintainable and the petitioner has to seek leave of this Court and file appeal as required under Section 378 of Cr.P.C."

NC: 2023:KHC:20603 CRL.RP No. 96 of 2014

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

exercise the revision jurisdiction to convert the revision petition

into criminal appeal.

4. Registry is directed to convert the present revision

petition into criminal appeal.

5. The petitioner is directed to file appeal memo within

a period of two weeks from today.

For statistical purpose, the criminal revision petition

stands dismissed.

Sd/-

JUDGE

MR