Shri K R Mahadeva Rao vs M/S Maruthi Merchants Finance Company
2024 Latest Caselaw 27822 Kant

Karnataka High Court

Shri K R Mahadeva Rao vs M/S Maruthi Merchants Finance Company on 20 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                                  -1-
                                                               NC: 2024:KHC:46981
                                                          CRL.RP No. 1456 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                             BEFORE
                             THE HON'BLE MR JUSTICE V SRISHANANDA
                       CRIMINAL REVISION PETITION NO. 1456 OF 2024


                      BETWEEN:

                      SHRI. K. R. MAHADEVA RAO
                      AGED ABOUT 54 YEARS,
                      S/O. K. N. RAMOJI RAO,
                      R/AT NO.2218, NEAR URDU SCHOOL,
                      RANGAIAH NAIDU LAYOUT,
                      S. RAMESH ROAD, T. DASARAHALLI,
                      T. DASARAHALLI, BENGALURU-560 057.
                                                                    ...PETITIONER
                      (BY SRI. BHARATHRAJ J., ADVOCATE)

                      AND:

                      1.   M/S. MARUTHI MERCHANTS FINANCE COMPANY
Digitally signed by
DHARMALINGAM               A REGISTERED PARTNERSHIP FIRM,
Location: HIGH             HAVING ITS OFFICE AT NO. 4/1,
COURT OF
KARNATAKA                  SHOP NO.3, 1ST FLOOR,
                           K. K. ROAD, T. DASARAHALLI,
                           BENGALURU-560 057.
                           REP. BY ITS MANAGING PARTNER,
                           SRI. MANJAIAH. B. H. ,
                           AGED ABOUT 46 YEARS,
                           S/O. LATE HANUMAIAH.

                      2.   SRI. MANJAIAH. B. H.
                           S/O. LATE HANUMAIAH,
                               -2-
                                               NC: 2024:KHC:46981
                                       CRL.RP No. 1456 of 2024




    AGED ABOUT 46 YEARS,
    NO. 4/1, SHOP NO.3, 1ST FLOOR,
    K.K. ROAD, T. DASARAHALLI,
    BENGALURU-560 057.
                                                    ...RESPONDENTS

     THIS CRL.R.P. IS FILED U/S 397 R/W 401 CR.PC (FILED
U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE JUDGMENT
PASSED IN CRL. A.NO.204/2023 DATED 13/09/2024 BY THE LX
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH 61
AND ALSO CONFIRM THE JUDGMENT PASSED IN C.C.NO.
1807/2019 DATED 10/01/2023 BY THE XXTH ADDL. CHIEF
METROPOLITAN MAGISTRATE BENGALURU FOR THE OFFENCE
P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT AND ETC.

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


CORAM:      HON'BLE MR JUSTICE V SRISHANANDA

                        ORAL ORDER

This criminal revision petition is filed by the

complainant challenging the order of acquittal passed by

the First Appellate Court while setting aside the order of

conviction recorded by the trial Magistrate. Against the

order of acquittal, appeal lies before this Court and not the

revision petition. Accordingly, the revision petition is

dismissed as revision is not maintainable.

NC: 2024:KHC:46981

2. However, the dismissal of the revision petition

shall not come in the way of the revision petitioner having

filed a duly constituted appeal. Time spent in the present

revision petition shall be excluded for the purpose of

computation of limitation under Section 14 of the

Limitation Act.

3. Office to return the certified copies, if any, after

taking the photocopies.

Sd/-

(V SRISHANANDA) JUDGE

DL CT: JL