Sri. Chudamani S/O. ... vs Sri. Pundalik S/O. Balachandra ...
2023 Latest Caselaw 1993 Kant

                                                             -1-
                                                                   CRL.RP No. 100106 of 2023




                                             IN THE HIGH COURT OF KARNATAKA

                                                     DHARWAD BENCH

                                          DATED THIS THE 24TH DAY OF MARCH, 2023

                                                          BEFORE
                                           THE HON'BLE MR JUSTICE ANIL B KATTI
                                     CRIMINAL REVISION PETITION NO. 100106/2023 (397-)
                                  BETWEEN:

                                  SRI. CHUDAMANI S/O. SHIVALINGAYYA CHILLALMATH,
                                  AGE: 29 YEARS, OCC. BUSINESS,
                                  R/O: HEMBLI ONI,
                                  HOSAYALLAPUR, DHARWAD-580001.

                                                                              ...PETITIONER

                                  (BY SRI. SURESH SHETTEMMANAVAR, ADVOCATE)

                                  AND:

                                  SRI. PUNDALIK S/O. BALACHANDRA PALANKAR,
                                  AGE: 37 YEARS, OCC: BUSINESS,
                                  R/O: DESAI GALLI,
          Digitally signed by J
                                  TQ AND DIST: HAVERI-581110.
          MAMATHA
          Location: HIGH
                                                                             ...RESPONDENT
J         COURT OF
          KARNATAKA,
MAMATHA   DHARWAD BENCH,
          DHARWAD.
          Date: 2023.03.28              THIS CRIMINAL REVISION PETITION IS FILED U/SEC.
          11:54:59 +0530
                                  378(4) OF CR.P.C. SEEKING TO SET ASIDE THE ORDER
                                  PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM COURT,
                                  DHARWAD IN CRIMINAL CASE NO. 1835/2022 DATED
                                  31.12.2022 ACQUITTING THE RESPONDENT FOR THE
                                  OFFENCE P/U/SEC. 138 OF N.I. ACT AND CONVICT THE
                                  RESPONDENT BY ALLOWING THIS THE REVISION PETITION.

                                      THIS REVISION PETITION, COMING ON FOR FINAL
                                  HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                        -2-
                                             CRL.RP No. 100106 of 2023




                                     ORDER

Shri Suresh Shettemmanavar, learned counsel for

revision petitioner is present.

2. Learned counsel for revision petitioner has filed a

memo seeking conversion of revision petition into criminal

appeal.

3. Revision petitioner/complainant has challenged the

judgment of the trial Court dated 31.12.2022 passed by the Prl.

Senior Civil Judge and CJM Court, Dharwad, in Criminal Case

No.1835/2022 by acquitting the respondent for the offence

punishable under Section 138 of the Negotiable Instruments

Act. Therefore, in terms of Section 378(4), appeal lies against

the acquittal. Hence, memo is accepted.

4. Revision petitioner is permitted to convert the

criminal revision petition into criminal appeal.

5. For statistical purpose, the criminal revision petition

is disposed of accordingly.

(Sd/-) JUDGE