Raghavendra S/O Yallappa Ballary vs Mustaq S/O Ibrahim Magami
2024 Latest Caselaw 15054 Kant

Karnataka High Court

Raghavendra S/O Yallappa Ballary vs Mustaq S/O Ibrahim Magami on 28 June, 2024

                                          -1-
                                                  NC: 2024:KHC-D:8831
                                                CRL.RP No. 100245 of 2024




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                         DATED THIS THE 28TH DAY OF JUNE, 2024

                                        BEFORE

                          THE HON'BLE MR JUSTICE S.RACHAIAH

                  CRIMINAL REVISION PETITION NO. 100245 OF 2024

                                         (397-)

                BETWEEN:


                RAGHAVENDRA S/O. YALLAPPA BALLARY,
                AGE: 44 YEARS, OCC: PRIVATE WORK,
                R/O: KAALIDAS NAGAR
                VIDYANAGAR, HUBBALLI
                TQ: HUBBALLI, DIST: DHARWAD,
                AT PRESENT RESIDING AT H.NO.C-30,
                NEAR RANADAMMA SCHOOL ,
                ISHWAR NAGAR, HUGAR PLOT,
                OLD - HUBBALLI-580024.
                                                             ...PETITIONER

CHANDRASHEKAR   (BY SRI. D. L. LADKHAN, ADVOCATE)
LAXMAN
KATTIMANI
                AND:

HIGH
COURT OF        MUSTAQ S/O. IBRAHIM MAGAMI,
KARNATAKA       AGE: 44 YEARS, OCC: BUSINESS,
                R/O: SADARSOFA, NEAR ZADPEERAN DARGA,
                OLD - HUBBALLI, HUBBALLI.
                                                           ...RESPONDENT



                       THIS CRIMINAL REVISION PETITION IS FILED U/SEC.

                397 R/W 401 OF CR.P.C. SEEKING TO ALLOW THE CRIMINAL
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                                   NC: 2024:KHC-D:8831
                                  CRL.RP No. 100245 of 2024




PRECISION PETITION AND SET ASIDE THE JUDGMENT AND

ORDERS PASSED BY LEARNED 1ST ADDL. DISTRICT AND

SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN

CRL.APPEAL NO.5008/2024 DATED 29.04.2024, WHICH SET

ASIDE THE JUDGMENT AND ORDER PASSED BY JMFC 1 COURT,

HUBBALLI,   IN   C.C.NO.2234/2021      DATED    30.12.2023,

CONVICTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE

P/U/SEC 138, OF NI ACT AND SENTENCED TO PAY A FINE OF

RS. 5,10,000/- IN DEFAULT TO PAY THE FINE, ACCUSED SHALL

UNDERGO SIMPLE IMPRISONMENT OF 6 MONTHS, FURTHER

ACTING U/SEC. 357(1)(a) OF CR.P.C. OUT OF THE FINE

AMOUNT A SUM OF RS.10,000/- SHALL BE DEFRAYED AS

PROSECUTION EXPENSES TO THE STATE.         FURTHER ACTING

U/SEC. 357(1) (b) OF CR.P.C. A SUM OF RS. 5,00,000/- OUT

OF THE FINE AMOUNT ON RECOVERY SHALL BE PAID AS

COMPENSATION     TO   THE   COMPLAINANT,     AND   THEREBY

CONVICT THE RESPONDENT/ACCUSED, BY IMPOSING COST OF

REVISION PETITION.


     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:
                                -3-
                                      NC: 2024:KHC-D:8831
                                     CRL.RP No. 100245 of 2024




                            ORDER

The present revision is filed against the judgment of

acquittal passed by the Sessions Court by the aggrieved

party. The appeal shall lie against the said order.

However, due to inadvertent, aggrieved party has filed this

revision petition instead of filing the appeal. Therefore, it

is appropriate to direct the Registry to convert this

criminal revision petition into criminal appeal on receiving

the appeal memo by the petitioner herein.

For the statistical purpose, the revision petition

stands disposed of.

Sd/-

JUDGE

VMB CT:ANB