Sri Shabhaz S/O Mehaboobsab Garag vs Sri Nagaraj S/O Shankrappa Sunagar
2025 Latest Caselaw 8345 Kant

Karnataka High Court

Sri Shabhaz S/O Mehaboobsab Garag vs Sri Nagaraj S/O Shankrappa Sunagar on 12 September, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                    -1-
                                                                NC: 2025:KHC-D:11887
                                                          CRL.RP No. 100240 of 2025


                       HC-KAR



                        IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                         DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
                                             BEFORE
                        THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
                       CRIMINAL REVISION PETITION NO. 100240 OF 2025
                                  (397(CR.PC)/438(BNSS))

                       BETWEEN:

                       SRI. SHABHAZ S/O MEHABOOBSAB GARAG,
                       AGED ABOUT 34 YEARS, OCC. PRIVATE JOB,
                       R/O. 4TH CROSS, DANESHWARI NAGAR,
                       JSS COLLEGE BACKSIDE, VIDYAGIRI,
                       DHARWAD-580 004.
                                                                         ... PETITIONER
                       (BY SRI. VINAY S. KOUJALAGI, ADVOCATE)

                       AND:

                       SRI. NAGARAJ S/O SHANKRAPPA SUNAGAR,
                       AGED ABOUT 44 YEARS, OCC. BUSINESS,
                       R/O. GANESH NAGAR, HALIYAL ROAD,
                       DHARWAD-580 003.
                                                                        ... RESPONDENT

                             THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
          Digitally
          signed by
                       438 R/W 442 OF BNSS, (UNDER SECTION 397 R/W 401 OF CR.P.C),
          RAKESH S
RAKESH    HARIHAR
          Location:
                       PRAYING TO CALL FOR RECORDS, ALLOW THIS APPEAL AND SET
S
HARIHAR
          HIGH COURT
          OF
          KARNATAKA
                       ASIDE THE JUDGMENT AND ORDER DATED 15/04/2025 PASSED BY
          DHARWAD
          BENCH        THE IV ADDL. DISTRICT AND SESSIONS JUDGE AT DHARWAD IN
                       CRIMINAL APPEAL NO.94/2024 AND CONFIRM THE CONVICTION AND
                       SENTENCE DATED 07/10/2024 PASSED BY THE II ADDL. SENIOR
                       CIVIL JUDGE AND JMFC COURT, AT DHARWAD IN C.C. NO.2561/2023,
                       FOR OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT, IN
                       THE INTEREST OF JUSTICE.

                            THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS
                       MADE THEREIN AS UNDER:
                                -2-
                                          NC: 2025:KHC-D:11887
                                     CRL.RP No. 100240 of 2025


HC-KAR



                           ORAL ORDER

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Learned Counsel for the petitioner has filed a memo stating

that this revision petition under Section 397 read with Section

401 of Cr.PC is inadvertently filed, instead of filing an appeal as

provided under Section 378 of Cr.PC. She submits that petitioner

may be permitted to convert this revision petition into an appeal

as provided under Section 401(5) of Cr.PC.

2. The aforesaid submission and the memo filed is placed on

record. Petitioner is permitted to convert this criminal revision

petition into an appeal.

3. For all statistical purposes, this revision petition stands

disposed of.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE

KK CT:BCK