T Venkatanarasa Reddy vs K Veeresh S/O Kurubara Hampanna
2024 Latest Caselaw 25808 Kant

Karnataka High Court

T Venkatanarasa Reddy vs K Veeresh S/O Kurubara Hampanna on 30 October, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                                -1-
                                                           NC: 2024:KHC-D:16052
                                                      CRL.RP No. 100368 of 2024




                              IN THE HIGH COURT OF KARNATAKA

                                       DHARWAD BENCH

                          DATED THIS THE 30TH DAY OF OCTOBER, 2024

                                            BEFORE

                        THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

                 CRIMINAL REVISION PETITION NO. 100368 OF 2024 (397 OF
                                 CR.P.C./438 OF BNSS)

                 BETWEEN:


                 T. VENKATANARASA REDDY
                 S/O. KONDA REDDY,
                 AGE: 56 YEARS, OCC: AGRICULTURE,
                 R/O. ASHOK NAGAR CAMP,
                 MOKA ROAD, BALLARI-581137.
                                                                    ...PETITIONER
                 (BY SRI B.C. JNANAYYA SWAMI, ADVOCATE.)

                 AND:

                 K. VEERESH S/O. KURUBARA HAMPANNA
                 AGE: 40 YEARS, OCC: WATER HOUSE NO.6 KUWS,
                 R/O. SHIVAPURA CAMP, MOKA, BALLARI-581137.
MALLIKARJUN                                                       ...RESPONDENT
RUDRAYYA
KALMATH
                      THIS CRIMINAL REVISION PETITION IS FILED           UNDER
Location: HIGH
COURT OF         SECTION 397 READ WITH 401 OF CR.P.C. SEEKING TO
KARNATAKA
DHARWAD
BENCH
                 a)     CALL FOR THE RECORDS;

                 b)     SET ASIDE THE JUDGMENT AND ORDER DATED 11.07.2023
                        PASSED IN CC NO.2587/2019 BY THE COURT OF I JMFC,
                        HUBBALLI AND CONFIRMED BY THE LOWER APPELLATE COURT
                        IN CRL.A. NO.5061/2023 DATED 07.06.2024 PASSED BY THE
                        COURT OF V ADDL. DISTRICT AND SESSIONS JUDGE,
                        DHARWAD SITTING AT HUBBALLI, AND CONSEQUENTLY
                        ACQUIT THE PETITIONER/ACCUSED FOR THE OFFENCE
                        PUNISHABLE U/S 138 OF N.I. ACT;
                                   -2-
                                              NC: 2024:KHC-D:16052
                                        CRL.RP No. 100368 of 2024




c)   PASS ANY ORDER AS THIS HON'BLE COURT DEEMS FIT UNDER
     THE CIRCUMSTANCES OF THE CASE, IN THE ABOVE CASE IN
     THE INTEREST OF JUSTICE.

     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:


                           ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

The objection raised by the registry at Sl.No.1 with

regard to maintainability of this criminal revision petition is

sustainable and the same is upheld. Accordingly the petition

is liable to be dismissed as not maintainable.

2. Learned counsel for the petitioner is present. He

submits that he may be permitted to convert this criminal

revision petition into appeal as the order that is questioned is

an acquittal order passed by the appellate Court in Criminal

Appeal No.66/2022. Accordingly submission of the learned

counsel is accepted. He is permitted to convert this criminal

revision petition into appeal and file necessary memorandum

of appeal.

3. Accordingly this criminal revision petition is

dismissed as not maintainable.

NC: 2024:KHC-D:16052

4. The petitioner is permitted to file an appeal as

contemplated under section 378(4) of the Code of Criminal

Procedure.

Sd/-

(PRADEEP SINGH YERUR) JUDGE

MRK CT-MCK