Shri Mata Redit Co-Op Society Ltd ... vs Imamsab Ibrahimsab Khairati
2023 Latest Caselaw 7587 Kant

                                               -1-
                                                     NC: 2023:KHC-D:12939
                                                     CRL.RP No. 100117 of 2023




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 6TH DAY OF NOVEMBER, 2023

                                             BEFORE
                               THE HON'BLE MR JUSTICE S.RACHAIAH
                        CRIMINAL REVISION PETITION NO. 100117 OF 2023
                     BETWEEN:

                     SHRI MATA CREDIT CO-OP SOCIETY LTD (MS)
                     HUBBALLI,
                     REPRESENTED BY ITS AUTHORIZED SIGNATORY
                     MANJUNATH R RENAKE,
                     AGED ABOUT 29 YEARS,
                     OCC: BRANCH MANAGER,
                     SHRI MATA CREDIT CO-OP SOCIETY,
                     COEN ROAD, HUBBALLI,
                     DHARWAD DISTRICT.
                                                                  ...PETITIONER
                     (BY SRI. UMESH P.HAKKARAKI, ADVOCATE)

                     AND:

                     IMAMSAB IBRAHIMSAB KHAIRATI
                     AGED ABOUT 56 YEARS,
                     OCC: BUSINESS,
        Digitally
                     RESIDING AT BINDARGI ONI,
        signed by

VN
        VN
        BADIGER
                     GANESH PETH, HUBBALLI,
BADIGER Date:
        2023.11.07
        11:29:34
                     DHARWAD DISTRICT.
        +0530
                                                                 ...RESPONDENT

                          THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
                     R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED
                     22.12.2022 PASSED BY THE I ADDL. DISTRICT AND SESSIONS
                     JUDGE    DHARWAD    (SITTING   AT   HUBBALLI) IN   CRL.A
                     NO.5067/2022 AND CONFIRM THE JUDGMENT OF CONVICTION
                     AND ORDER OF SENTENCE DATED 23.06.2022 PASSED BY THE
                     JMFC-1, HUBBALLI IN C.C.NO.1306/2019.

                         THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                     COURT MADE THE FOLLOWING:
                                   -2-
                                         NC: 2023:KHC-D:12939
                                          CRL.RP No. 100117 of 2023




                                ORDER

The present petition is arising out of the judgment

and order of Appellate Court, wherein the appellate Court

allowed the appeal filed by the accused and set aside the

judgment of conviction and order of sentence passed by

the trial Court for the offence punishable u/sec.138 of the

N.I. Act.

2. Initially the complainant has filed complaint

before the jurisdictional Magistrate and the trial Court

recorded the conviction against the accused. The accused

approached the Appellate Court by way of appeal, the said

appeal has been allowed and the accused was acquitted.

Being aggrieved by the same, the complainant had to file

the criminal appeal. However inadvertently the

complainant filed the criminal revision petition which is not

maintainable. Therefore, the office objection in respect of

maintainability is sustainable. The criminal revision

petition stands disposed off accordingly as not

maintainable.

NC: 2023:KHC-D:12939 CRL.RP No. 100117 of 2023

3. Liberty is reserved to the petitioner herein to

file criminal appeal in accordance with law.

Sd/-

JUDGE

CLK