M/S Trawelmart World Tours Pvt Ltd vs M Chandrika
2024 Latest Caselaw 25789 Kant

Karnataka High Court

M/S Trawelmart World Tours Pvt Ltd vs M Chandrika on 30 October, 2024

Author: V Srishananda

Bench: V Srishananda

                                                 -1-
                                                              NC: 2024:KHC:43829
                                                        CRL.RP No. 1310 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 30TH DAY OF OCTOBER, 2024

                                               BEFORE
                            THE HON'BLE MR JUSTICE V SRISHANANDA

                           CRIMINAL REVISION PETITION NO.1310 OF 2024

                   BETWEEN:

                       M/S TRAWELMART WORLD TOURS PVT LTD
                       REPRESENTED BY ITS DIRECTOR
                       M.S. KIRAN,
                       AT, TRAWELMART GRUHA
                       NO.357, 10TH B MAIN
                       OPP TO COSMOPOLITAN CLUB
                       3RD BLOCK, JAYANAGAR
                       BENGALURU - 560 011

                                                                   ...PETITIONER
                   (BY SRI.GANESH NAG B V, ADVOCATE)

                   AND:

                       M.CHANDRIKA
Digitally signed
by ALBHAGYA            W/O PRASHANTH B.G
Location: HIGH         AGED ABOUT 45 YEARS
COURT OF
KARNATAKA              R/AT NO.42, 2ND FLOOR
                       18TH CROSS, 22ND MAIN
                       SHAMANNA GARDEN
                       J.P. NAGAR, 5TH PHASE
                       BENGALURU - 560 078

                                                                  ...RESPONDENT
                          THIS CRL.RP IS FILED U/SEC.397 R/W 401 CR.PC (FILED U/S
                   438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER
                   PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO
                                  -2-
                                                NC: 2024:KHC:43829
                                         CRL.RP No. 1310 of 2024




SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 12/01/2024
PASSED BY THE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE,
(CCH-64) AT BENGALURU IN CRL. APPEAL NO.90/2022 AND TO
CONVICT THE ACCUSED FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF NI ACT BY UPHOLDING THE JUDGMENT OF
CONVICTION DATED 22/12/2021 PASSED BY THE XXVIII ADDL.
CMM COURT, BENGALURU IN CC NO. 4376/2020 BY ALLOWING
THE APPEAL 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

A memo is filed on 30.10.2024 by learned counsel for the

revision petitioner. Memo reads as under:

"The undersigned counsel appearing on behalf of the Petitioner submits that due to oversight, the present Criminal Revision Petition came to be filed under Section 397 of the Code of Criminal Procedure. It most humbly prayed before this Hon'ble Court to permit the petitioner to withdraw the present petition and to grant liberty to file fresh Criminal Appeal under Section 378(4) of the Code of Criminal Procedure in the interest of justice and equity."

2. In view of the memo, revision petition is dismissed as

withdrawn with liberty as prayed for.

NC: 2024:KHC:43829

3. Time spent in this revision petition shall be excluded

for the purpose of competition of limitation under Section 14 of

the Limitation Act.

4. Office is directed to return the original/certified copy

of documents after keeping the photo copy.

SD/-

(V SRISHANANDA) JUDGE

NBM