Sri Venkatesh C vs Sri P Srinivas Reddy
2024 Latest Caselaw 15056 Kant

Karnataka High Court

Sri Venkatesh C vs Sri P Srinivas Reddy on 28 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                       NC: 2024:KHC:24133
                                                  CRL.RP No. 812 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 28TH DAY OF JUNE, 2024

                                        BEFORE
                        THE HON'BLE MR JUSTICE V SRISHANANDA
                    CRIMINAL REVISION PETITION NO. 812 OF 2024

                 BETWEEN:


                    SRI. VENKATESH C.,
                    S/O. CHANDRAHASA,
                    AGED ABOUT 54 YEARS,
                    R/AT: NO.88, AKKAYAMMA NILAYA,
                    OPP. TO PHILOMINA HOSPITAL,
                    NAGAWARA OLD VILLAGE,
                    BENGALURU 560 045.
                                                            ...PETITIONER
                 (BY SRI. SATHISH BABU M., ADVOCATE)

                 AND:

                    SRI. P. SRINIVAS REDDY,
                    S/O SRI. P. VENKATARAMA REDDY,
Digitally           AGED ABOUT 51 YEARS,
signed by           R/AT NO.52, VIDYASAGAR,
YAMUNA K L          THANISANDRA MAIN ROAD,
Location: High      BENGALURU-560 077.
Court of
Karnataka                                                  ...RESPONDENT


                      THIS CRIMINAL REVISION PETITION IS FILED UNDER
                 SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET
                 ASIDE   THE ORDER DATED        14.03.2024   PASSED   IN
                 CRL.A.NO.25111/2023 ON THE FILE OF LXII ADDITIONAL CITY
                 CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU
                 (CCH-73) IN ALLOWING THE CRIMINAL APPEAL FILED BY THE
                 RESPONDENT UNDER SECTION 374(3) OF CR.P.C. AND
                 SETTING ASIDE THE JUDGMENT OF CONVICTION DATED
                 17.03.2023 PASSED IN C.C.NO.56031/2021 ON THE FILE OF
                                -2-
                                            NC: 2024:KHC:24133
                                        CRL.RP No. 812 of 2024




XV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT,
MAYO HALL UNIT, BENGALURU FOR THE OFFENCES
PUNISHABLE  UNDER    SECTION  138  OF   NEGOTIABLE
INSTRUMENTS ACT.
     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

None present on behalf of the revision petitioner.

2. Order passed in CC No.56031/2021 convicting the

accused for the offence punishable under Section 138 of

Negotiable Instruments Act, 1881 is set aside by the First

Appellate Court and accused stood acquitted. Against such an

order, appeal is maintainable and revision petition is not

maintainable. Accordingly, office objections upheld.

3. The revision petition is dismissed as not maintainable.

However, dismissal of the revision petition shall not come in the

way of the revision petitioner filing an appeal before the

appropriate Court in accordance with law.

4. Time spent in this revision petition shall be excluded

under Section 14 of the Limitation Act, 1963.

NC: 2024:KHC:24133

5. Office to return the certified copies after keeping

photocopies.

Sd/-

JUDGE

CPN