Madivalappa vs Smt. Sumangal S Patil
2024 Latest Caselaw 24829 Kant

Karnataka High Court

Madivalappa vs Smt. Sumangal S Patil on 15 October, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                             -1-
                                                         NC: 2024:KHC-K:7647
                                                   CRL.RP No. 200127 of 2024




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                          DATED THIS THE 15TH DAY OF OCTOBER, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

                     CRIMINAL REVISION PETITION NO.200127 OF 2024
                   BETWEEN:

                   MADIVALAPPA S/O IRAPPA TALAWAR,
                   AGE: 51 YEARS, OCC: GOVT. SERVICE,
                   R/O C/O BASAVARAJ NANASAHEB WALIKAR,
                   MANAS RESIDENCY, DARGA ROAD,
                   VIJAYAPURA.

                                                                ...PETITIONER

                   (BY SRI SHIVASHANKAR H. MANUR, ADVOCATE)

                   AND:

                   SMT. SUMANGALA S. PATIL,
Digitally signed   AGE: 45 YEARS, OCC: HOUSEHOLD WORK AND
by SWETA           BUSINESS,
KULKARNI
Location: High
                   R/O NEAR AYYAPPA SWAMI TEMPLE,
Court Of           TREASURY COLONY, TAKKE ROAD, VIJAYAPURA.
Karnataka
                                                              ...RESPONDENT

                          THIS CRIMINAL REVISION PETITION IS FILED UNDER
                   SECTION 397 READ WITH 401 OF THE CODE OF CRIMINAL
                   PROCEDURE PRAYING TO (A) CALL FOR THE RECORDS IN
                   CRIMINAL APPEAL NO. 44/2019 ON THE FILE OF THE IV
                   ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIJAYAPUR
                   AND IN CRIMINAL CASE NO. 1624/2013 ON THE FILE OF THE I
                                 -2-
                                             NC: 2024:KHC-K:7647
                                      CRL.RP No. 200127 of 2024




ADDITIONAL CIVIL JUDGE AND J.M.F.C., VIJAYAPURA, (B) TO
SET ASIDE THE JUDGMENT AND ORDER DATED 16.10.2021
PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, VIJAYAPUR IN CRIMINAL APPEAL NO.44/2019 AND TO
CONFIRM THE JUDGMENT AND ORDER DATED 14.06.2019
PASSED BY THE I ADDITIONAL CIVIL JUDGE AND J.M.F.C.,
VIJAYAPURA    IN     CRIMINAL   CASE    NO.1624/2013,   (C)   TO
CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT.


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


CORAM:     HON'BLE MR JUSTICE MOHAMMAD NAWAZ


                            ORAL ORDER

(PER: HON'BLE MR JUSTICE MOHAMMAD NAWAZ)

The office has raised an objection regarding

maintainability of this Revision Petition.

Learned counsel for the petitioner has filed a memo

praying to convert this Criminal Revision Petition to

Criminal Appeal.

Memo is taken on record.

NC: 2024:KHC-K:7647

Learned counsel is permitted to convert Criminal

Revision Petition into Criminal Appeal.

Criminal Revision Petition is disposed of for

statistical purpose.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

SWK

CT:SI