IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL REVISION PETITION NO.23 OF 2016 BETWEEN:
Govindaraju H., S/o. Late Govindappa, Aged about 47 years, Manasagangothri Educational Trust, Higher Primary and High School, Manasagangothri, Mysore University, Mysuru-570001.
(By Sri. Kashinath J.D., Advocate) AND:
M.S.Somashekar, S/o. Siddashetty, Aged about 28 years, R/at 2nd Cross, 4th Main, Vinayaka Nagar, Mysuru-570001.
(By Sri. B.M.Mohan Kumar, Advocate for M/s. DUA Associates) …Petitioner …Respondent This Criminal Revision Petition is filed under Section 397(1) read with 401 Cr.P.C., praying to set aside the order of conviction passed in Crl.A.No.219/2013 dated 13.10.2015 filed by the respondent passed by the II Additional Session Judge, Mysore convicting the petitioner for the offence punishable under Section 138 of N.I.Act alleged in C.C.NO.962/2009 filed by the respondent as illegal.
This Criminal Revision Petition coming on for admission this day, the Court made the following:
ORDER The learned counsel for the petitioner and the respondent are present.
2. Heard the learned counsel for the parties in this petition.
3. This criminal revision petition is filed challenging the judgment rendered by the First Appellate Court in Crl.A.No.219/2019 dated 13.10.2015, whereby the appeal came to be allowed and reversal of the acquittal judgment rendered by the trial court in C.C.No.962/2009 dated 15.07.2013 for the offences under Section 138 of N.I. Act. The respondent herein, who is arrayed as the complainant in C.C.No.962/2009 has initiated the proceedings against the accused for the offence under Section 138 of N.I. Act. The complainant has preferred an appeal before the First Appellate Court instead of preferring appeal against the acquittal judgment in C.C.No.962/2009 before this court. This contention is taken by the learned counsel for the petitioner herein, but the learned counsel for the respondent who has countered to the arguments made by the petitioner’s counsel that the acquittal judgment has reversed in the Appellate Court and convicted the accused for the offence with 1382 N.I. Act. The learned counsel for the petitioner submits that the complainant/respondent herein ought to have preferred an appeal before this court instead of the First Appellate Court. However keeping in view the submission made by the learned counsel for the petitioner, it is said that Criminal revision petition requires to be allowed in the interest of justice. Consequently the judgment rendered by the First Appellate Court in Crl.A.No.219/2019 dated 13.10.2015 is hereby set aside. The liberty shall be granted to the complainant/respondent to approach the concerned court of law by questioning the acquittal judgment rendered by the trial court in C.C.No.962/2009 in accordance with law. Accordingly, criminal revision petition is disposed of.
Sd/- JUDGE sd