IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL APPEAL NO.2262/2018 BETWEEN:
Sri. Boralingegowda B.K., S/o Krishnegowda, Aged about 30 years, Residing at Nagaraja Building, S.R. Stich Ware, Behind best school, Chowdeshwarinagara Main Road, Beside Ranganatha Mineral Water, Lavakusha Nagara, L.G.R. Layout, Laggere, Bengaluru – 560 058. ...Appellant (By Sri. Sreenivas. R, Advocate for S.P. Associates – Advocate - Absent) AND:
Sri. Lokesh. G.R., S/o Rangegowda, Aged about 34 years, R/at Siddalingareddy Building, Konappana Agrahara, G.S. Palya, Electronic City Post, Bengaluru – 560 100. ... Respondent This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to set aside the judgment dated 01.08.2017 passed by the XIX A.C.M.M., at Bengaluru City in C.C. No.16123/2016 and acquit the appellant - 2 -
for the charge under Section 138 of the N.I. Act and to set aside the order dated 23.03.2018 passed by the Principal City Civil and Sessions Judge CCH-57 Bengaluru and to remand the matter for fresh adjudication.
This Criminal Appeal coming on for Orders, this day, the Court delivered the following:
J U D G M E N T Learned counsel for the appellant absent.
2. Office has raised objection regarding the maintainability of the present appeal. The present appeal has been preferred by the appellant against the order of the dismissal passed by the City Civil and Sessions Judge, Bengaluru wherein the appeal is dismissed for default, Criminal Revision Petition lies and not an appeal.
3. In that light, Registry is directed to convert the Criminal Appeal into Criminal Revision Petition and for statistical purpose, close the number in Criminal Appeal and post this matter for consideration of remaining office objections.
Sd/- JUDGE SSD