Karnataka High Court
Tushar vs Raju @ Nagaraj on 10 January, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
-1-
NC: 2024:KHC-K:444
CRL.RP No. 200070 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL REVISION PETITION NO. 200070 OF 2018
(397)
BETWEEN:
TUSHAR S/O VIJAYA KUMAR MEHTA
AGED ABOUT 65 YEARS, OCC: BUSINESS,
R/O. VENKATESH NAGAR,
KALABURAGI - 585102.
...PETITIONER
(BY SRI RAJKUMAR A. KORWAR, ADVOCATE)
AND:
RAJU @ NAGARAJ S/O NARAYAN BUCHANALLI,
AGED ABOUT 44 YEARS, OCC: BUSINESS,
Digitally signed R/O. CHOWK MAIN ROAD, ASIF GUNJ,
by SHILPA R
TENIHALLI KALABURAGI - 585101.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SRI S.B. HANGARKI, ADVOCATE)
THIS CRL.RP IS FILED U/S 397 OF CR.P.C PRAYING TO,
SET ASIDE THE JUDGMENT DATED:24.09.2018 PASSED BY THE
LEARNED I ADDITIONAL SESSIONS JUDGE AT KALABURAGI IN
CRL. APPEAL NO.90/2011 AND CONSEQUENTIALLY BE PLEASED
TO CONFIRM JUDGMENT DATED:13.09.2011 PASSED BY
LEARNED III ADDITIONAL JMFC AT KALABURAGI IN
C.C.NO.495/2008 AND CONVICT THE RESPONDENT AND ETC.
-2-
NC: 2024:KHC-K:444
CRL.RP No. 200070 of 2018
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This revision is filed against the judgment of acquittal
passed by the I Additional Sessions Judge, Kalaburagi, in
Crl.A.No.90/2011. The records disclose that the
respondent herein was prosecuted by the petitioner herein
for the offence under Section 138 of the Negotiable
Instruments Act and in CC No.495/2008 on the file the III
Additional Civil Judge & JMFC Gulbarga. The learned
Magistrate has convicted the accused for the offence under
Section 138 of the N.I. Act and in the appeal, the learned
Sessions Judge has reversed the said order by acquitting
the accused.
2. Against the judgment of acquittal order of the
learned Sessions Judge, this revision is filed. Section 401
of Cr.P.C. reads as under:
"401. High Court' s Powers of revision.-
(1) In the case of any proceeding the record of
which has been called for by itself or which
otherwise comes to its knowledge, the High Court
NC: 2024:KHC-K:444
may, in its discretion, exercise any of the powers
conferred on a Court of Appeal by sections 386,
389, 390 and 391 or on a Court of Session by
section 307 and, when the Judges composing the
Court of revision are equally divided in opinion, the
case shall be disposed of in the manner provided by
section 392.
(2) No order under this section shall be made
to the prejudice of the accused or other person
unless he has had an opportunity of being
heard either personally or by pleader in his own
defence.
(3) Nothing in this section shall be deemed to
authorise a High Court to convert a finding of
acquittal into one of conviction.
(4) Where under this Code an appeal lies and
no appeal is brought, no proceeding by way of
revision shall be entertained at the instance of the
party who could have appealed.
(5) Where under this Code an appeal lies but
an application for revision has been made to the
High Court by any person and the High Court is
satisfied that such application was made under the
erroneous belief that no appeal lies thereto and that
it is necessary in the interests of justice so to do,
the High Court may treat the application for
revision as a petition of appeal and deal with the
same accordingly."
3. Sub-clause 3 of Section 401 of Cr.P.C. defines
the powers of the Revisional Court and mandates that in
NC: 2024:KHC-K:444
no circumstances, a judgment of acquittal can be
converted into judgment of conviction. Under such
circumstances, this revision itself is not maintainable.
4. The learned counsel for petitioner considering
this aspect, filed a memo for conversion of the petition
into a criminal appeal. Considering these technical issues,
he is permitted to convert the revision petition into an
appeal under Section 378(4) of Cr.P.C. However, for
having committed the latches, he is imposed a cost of
Rs.5,000/- to be paid to the Advocates' Library Fund, High
Court of Karnataka.
5. The registry is directed to convert this revision
into an appeal and the learned counsel for petitioner is
directed to carry out the necessary amendment in the
petition and submit an amended copy to the Court as well
as to the learned counsel for respondent.
NC: 2024:KHC-K:444
6. For the statistical purpose, this revision petition
shall be treated as disposed of.
List the criminal appeal after registration before
Court on 31.01.2024.
Sd/-
JUDGE
DS
