Smt Vasanthamma vs Smt Mamatha G H
2023 Latest Caselaw 3470 Kant

                                             -1-
                                                     NC: 2023:KHC:21106
                                                     CRL.RP No. 759 of 2023



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 19TH DAY OF JUNE, 2023

                                            BEFORE

                          THE HON'BLE MR JUSTICE S RACHAIAH

                      CRIMINAL REVISION PETITION NO. 759 OF 2023

              BETWEEN:

              SMT. VASANTHAMMA
              W/O AMASEGOWDA
              AGED ABOUT 55 YEARS
              R/A JINNATHPURA VILLAGE
              SRAVANABELAGOLA HOBLI
              CHANNARAYAPATNA TALUK - 573 207.
                                                                ...PETITIONER
Digitally
signed by N   (BY SRI SATHISHA D.J, ADV.)
UMA
              AND:
Location:
HIGH COURT
OF            SMT. MAMATHA G.H
KARNATAKA     S/O LATE GANGADHAR
              AGED ABOUT 45 YEARS
              R/A JINNATHPURA VILLAGE
              SRAVANABELAGOLA HOBLI
              CHANNARAYAPATNA TALUK
              HASSAN DISTRICT - 573 207.
                                                               ...RESPONDENT


                     THIS CRL.RP FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET
              ASIDE THE JUDGMENT OF ACQUITTAL IN CRL.APPEAL NO.163/2020
              DATED 20.02.2023 PASSED BY THE IV ADDITIONAL DISTRICT AND
              SESSIONS JUDGE, HASSAN AT CHANNARAYAPATNA.


                     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
              COURT MADE THE FOLLOWING:
                                     -2-
                                            NC: 2023:KHC:21106
                                            CRL.RP No. 759 of 2023



                               ORDER

1. Learned Counsel for the petitioner submits that the

Trial Court had convicted the petitioner for the offence under

Section 138 of the Negotiable Instruments Act, 1881, and in

the appeal filed by the petitioner, the Appellate Court has

reversed the conviction and acquitted the accused. Being

aggrieved by the same, the complainant has preferred this

revision petition, which is not maintainable. However,

inadvertently, the revision petition is filed.

2. In view of Section 401(5) of Cr.PC, this criminal

revision petition has to be converted into a criminal appeal.

Accordingly, Registry is directed to convert this criminal

revision petition into criminal appeal after receiving the appeal

memo from the learned Counsel for the petitioner, within a

period of two weeks from today, and thereafter, post this

matter before the Bench having roster.

3. For all statistical purposes, this revision petition stands

disposed of.

Sd/-

JUDGE KK