Shri Veer Pulikeshi Co -Op Bank Ltd vs The State Of Karnataka
2024 Latest Caselaw 12248 Kant

Karnataka High Court

Shri Veer Pulikeshi Co -Op Bank Ltd vs The State Of Karnataka on 3 June, 2024

                                                   -1-
                                                          NC: 2024:KHC-D:7310
                                                          CRL.A No. 100280 of 2024




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 3RD DAY OF JUNE, 2024
                                                 BEFORE
                                 THE HON'BLE MR JUSTICE S.RACHAIAH
                               CRIMINAL APPEAL NO. 100280 OF 2024 (A-)
                      BETWEEN:

                      SHRI. VEER PULIKESHI CO -OP BANK LTD,
                      BADAMI, HEAD OF AT BADAMI
                      REPRESENTED BY ITS GENERAL MANAGER,
                      SMT. MALA BASANGOUDA DESHANNAVAR,
                      OCC: GENERAL MANAGER,
                      R/O: HAVING OFFICE AT
                      SHRI. VEER PULIKESHI CO-OP BANK LTD
                      BADAMI, TQ BADAMI,
                      DIST: BAGALKOT - 587201.

                                                                       ...APPELLANT
                      (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           THROUGH BADAMI POLICE STATION,
                           CHIKODI TQ, BELAGAVI DISTRICT,
                           REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally signed by        HIGH COURT OF KARNATAKA,
CHANDRASHEKAR              DHARWAD.
LAXMAN
KATTIMANI
Location: HIGH        2.   SHRI. SHANKARAPPA S/O. DURAPPA ANGADI,
COURT OF                   AGE: 51 YEARS, OCC: PEON,
KARNATAKA                  R/O: NANDIKESHWAR, TQ: BADAMI,
                           DIST: BAGALKOT - 587201.

                      3.   SHRI. SHIVANAND S/O. SANGAPPA TOTAR,
                           AGE: 39 YEARS, OCC: PEON,
                           R/O: NANDIKESHWAR, TQ: BADAMI,
                           DIST: BAGALKOT - 587201.

                      4.   SMT. LAXMIBAYI W/O. VENKATESH PATTAR,
                           AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
                           R/O: NANDIKESHWAR, TQ: BADAMI,
                           DIST: BAGALKOT - 587201.
                                -2-
                                     NC: 2024:KHC-D:7310
                                     CRL.A No. 100280 of 2024




5.   SHRI. NARAYAN S/O. CHOUDAPPA PATTAR,
     AGE: 41 YEARS, OCC: AGRICULTURE,
     R/O: NANDIKESHWAR, TQ: BADAMI,
     DIST: BAGALKOT - 587201.


                                                 ...RESPONDENTS

(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

      THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C.,
SEEKING    TO SET ASIDE THE ORDER         OF ACQUITTAL DATED
11.12.2023 PASSED IN CC.NO.90/2015 ON THE FILE OF SENIOR
CIVIL JUDGE AND JMFC, BADAMI AND ACCORDINGLY CONVICT THE
RESPONDENTS     NO.2   TO     5/ACCUSED   FOR   THE    OFFENCES
PUNISHABLE U/S 406 AND 420 R/W SECTION 34 OF THE IPC, 1860
BY ALLOWING THE APPEAL.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

                             JUDGMENT

The judgment of acquittal passed by the Trial Court lies in

the District and Sessions Judge Court having jurisdiction in

terms of Section 372 of Cr.P.C. However, the appellant herein

approached this Court directly against the order of acquittal

passed by the Trial Court.

2. Having considered the office objection raised by the

registry, the same is sustainable. The appeal stands dismissed

NC: 2024:KHC-D:7310

as not maintainable and liberty is reserved to the appellant

herein to approach the appropriate Court.

Sd/-

JUDGE

RKM CT:ANB