Sri Basanthi vs Sri.H.G.Shivakumaraswamy
2024 Latest Caselaw 3706 Kant

Karnataka High Court

Sri Basanthi vs Sri.H.G.Shivakumaraswamy on 7 February, 2024

                                         -1-
                                                       NC: 2024:KHC:5169
                                                CRL.RP No. 1461 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 07TH DAY OF FEBRUARY, 2024
                                       BEFORE
                        THE HON'BLE MR JUSTICE S RACHAIAH
                  CRIMINAL REVISION PETITION NO. 1461 OF 2016
             BETWEEN:
                SRI BASANTHI
                @ BASAPPA
                S/O. LATE CHANNABASAVIAH
                AGED ABOUT 32 YEARS
                R/AT DONAKUPPE VILLAGE
                HAGALUKOTE POST, MAGADI TALUK
                RAMANAGARA DISTRICT

                 ALSO AT:
Digitally        C/O AMARNATH
signed by
SUDHA S          # 168, MAHADESHWARA NILAYA
Location:        3RD CROSS, PRIYADARSHINI LAYOUT
HIGH COURT       NAGARBHAVI MAIN ROAD
OF
KARNATAKA        BANGALORE - 560 040.
                                                             ...PETITIONER
             (BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE)

             AND:
                SRI. H.G.SHIVAKUMARASWAMY
                AGED ABOUT 48 YEARS
                S/O. LATE HONNAPPA
                NO.47, HDFC ATM BUILDING
                SARASWATHI NAGAR
                NAGARBHAVI MAIN ROAD
                BANGALORE - 560 040.
                                                           ...RESPONDENT
             (BY SRI. YATHIRAJ AND ASSTS, ADVOCATE)

                   THIS CRL.RP IS FILED U/S.397 & 401 CR.P.C., PRAYING TO
             SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED
             30.09.2015 PASSED BY THE LXII ADDITIONAL CITY CIVIL AND
             SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.378/2015 WHEREBY
             THE PETITIONER HAS BEEN CONVICTED FOR AN OFFENCE
             PUNISHABLE UNDER SECTION 138 OF N.I ACT AND ETC.,

                  THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
             THE COURT MADE THE FOLLOWING:
                                     -2-
                                                    NC: 2024:KHC:5169
                                             CRL.RP No. 1461 of 2016




                                  ORDER

1. Learned counsel for the petitioner has filed a memo

of even date seeking permission of this Court to convert the

criminal revision petition into criminal appeal. Memo is taken

on record. Memo reads thus:

"1. It is submitted that the Petitioner herein has challenged the Judgment dt: 30/9/2015, passed by the 62nd Additional City Civil and Sessions Judge at Bangalore, in Criminal Appeal 378/2015. The Hon'ble Sessions Court was pleased to set aside the judgment of acquittal and convicted the Petitioner herein for the offence punishable under section 138 N.I. Act.

2. It is submitted that the Petitioner ought to have filed an appeal against the said Judgment of conviction and sentence. Instead, he has erroneously filed the above revision.

3. In this background, the petitioner seeks leave to correct the above revision to an appeal, in the interest of justice.

Wherefore, it is prayed that this Hon'ble Court be pleased to permit the petitioner to correct the above revision into an appeal in the interest of justice."

2. Considering the said memo and submission, the

petitioner is permitted to convert the Criminal Revision Petition

NC: 2024:KHC:5169

into Criminal Appeal in terms of Section 401(5) of the Code of

Criminal Procedure. It is also directed the learned counsel for

the petitioner to file the appeal memo within a period of two

weeks from today.

3. For statistical purpose, the Criminal Revision

Petition stands disposed of.

Sd/-

JUDGE

BSS