Mohammedsab vs Prakash/Omallari Mane
2024 Latest Caselaw 26503 Kant

Karnataka High Court

Mohammedsab vs Prakash/Omallari Mane on 6 November, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                             -1-
                                                         NC: 2024:KHC-K:8104
                                                   CRL.RP No. 200150 of 2024




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                          BEFORE
                          THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                     CRIMINAL REVISION PETITION NO. 200150 OF 2024
                   BETWEEN:

                   MOHAMMEDSAB
                   S/O GAIBUSAB KANKAKURI
                   AGE: 70 YEARS,
                   OCC: AGRICULTURE & TRANSPORT
                   R/O JAINAPUR,
                   TQ. & DIST: VIJAYAPUR.
                                                                ...PETITIONER

                   (BY SRI. SANGOLI NAGANNA, ADV.)

                   AND:

                   PRAKASH S/O MALLARI MANE
                   AGE: 50 YEARS, OCC: MUKADAM
                   R/O ARAKERI MANYANDODDI
Digitally signed   TQ & DIST: VIJAYAPUR.
by KHAJAAMEEN
L MALAGHAN
Location: HIGH                                                ...RESPONDENT
COURT OF
KARNATAKA
                        THIS CRIMINAL REVISION PETITION IS FILED UNDER
                   SECTION 438 BHARATIYA NAGARIK SURKSHA SANHITYA 2023,
                   PRAYING TO CALL FOR THE RECORDS OF CRIMINAL APPEAL
                   NO.20/2022 ON THE FILE OF HON'BLE IV ADDITIONAL
                   DISTRICT & SESSIONS JUDGE, VIJAYAPUR, PLEASED TO
                   ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT OF
                   ACQUITTAL DATED 19.03.2024, CALL FOR THE RECORDS OF
                   C.C.NO.1416/2015 ON THE FILE OF HON'BLE I ADDL. CIVIL
                   JUDGE & JMFC-I, VIJAYAPUR AND PLEASED TO CONFIRM THE
                   ORDER    OF    CONVICTION    PASSED    AGAINST   THE
                                 -2-
                                             NC: 2024:KHC-K:8104
                                       CRL.RP No. 200150 of 2024




RESPONDENT/ACCUSED ON DATED 16.11.2021, BY HON'BLE I
ADDL. CIVIL JUDGE & JMFC-I, VIJAYAPUR.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE MOHAMMAD NAWAZ


                        ORAL ORDER

Office has raised an objection regarding

maintainability of this revision petition.

2. The learned Magistrate has convicted the

accused for the offence punishable under Section 138 of

the N.I. Act and in the appeal preferred by the accused

before the Sessions Court, he was acquitted. Against an

order of acquittal, revision petition before this Court is not

maintainable. Hence, the office objection is upheld.

3. Learned counsel for petitioner has filed a memo

seeking conversion of this revision petition into criminal

appeal.

4. Memo is placed on record.

NC: 2024:KHC-K:8104

5. Revision petition is permitted to be converted

into Criminal Appeal.

The revision petition is disposed of for statistical

purpose.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

HB

CT: PS