Ramesha A vs R Keshava Murthy
2023 Latest Caselaw 7311 Kant

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                                                        NC: 2023:KHC:37815
                                                 CRL.RP No. 1348 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 25TH DAY OF OCTOBER, 2023

                                       BEFORE
                        THE HON'BLE MS JUSTICE J.M.KHAZI
                 CRIMINAL REVISION PETITION NO.1348 OF 2023
                BETWEEN:

                   RAMESHA A
                   S/O H ANJINAPPA
                   AGED 41 YEARS
                   R/AT NO.12, 'BANASHANKARI NILAYA',
                   7TH A CROSS, SARAKKI MAIN ROAD
                   J P NAGAR, 1ST PHASE
                   BENGALURU - 560 078
                                                             ...PETITIONER
                (BY SRI. B RAMESH, ADVOCATE)

                AND:

                   R KESHAVA MURTHY
                   S/O LATE K RAMANA
                   AGED 73 YEARS
Digitally          R/AT NO.50, 34TH AMIN
signed by          BANAGIRI NAGARA
MADHURI S          BSK 3RD STAGE
Location:
High Court of      BENGALURU - 560 085
Karnataka                                                   ...RESPONDENT

                     THIS CRL.RP IS FILED UNDER SECTION 397(1) OF CR.P.C
                PRAYING TO a) SET ASIDE THE JUDGMENT AND ORDER DATED
                03.05.2023 PASSED IN CRIMINAL APPEAL NO.1121/2021 BY
                THE XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
                (CCH-70) AT BENGALURU AND CONFIRM THE JUDGMENT AND
                SENTENCE DATED 23.11.2021 PASSED IN C.C.NO.1249/2018
                BY XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT
                BENGALURU BY CONVICTING THE RESPONDENT FOR THE
                OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT;
                b) PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE
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                                            NC: 2023:KHC:37815
                                       CRL.RP No. 1348 of 2023




COURT DEEMS FIT INCLUDING THE COSTS OF THIS APPEAL TO
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

In the light of office objection raised regarding

maintainability of the petition, learned counsel for the

petitioner has filed a memo seeking permission to convert

the Criminal Revision Petition into Criminal Appeal.

2. The present petitioner is the complainant before

the trial Court. The respondent/accused was convicted by

the trial Court for the offence punishable under Section

138 of the Negotiable Instruments Act, 1881. On appeal

before the Sessions Court, he was acquitted against which

the present petition is filed.

3. In the light of the fact that the order impugned

is acquittal of the accused, criminal appeal is required to

be filed. Hence, petitioner is permitted to convert the

Criminal Revision Petition into Criminal Appeal.

NC: 2023:KHC:37815 CRL.RP No. 1348 of 2023

Accordingly, this Petition is disposed of for statistical

purpose.

Sd/-

JUDGE

MDS