IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL REVISION PETITION NO.921 OF 2017 BETWEEN SRI S NITHYA @ NITHYANANDA S/O LTE M.D. SADASHIVAM, AGED ABOUT 57 YEARS R/AT NO.135, 2ND CROSS, TELECOM LAYOUT, PIPELINE ROAD, VIJAYANAGAR, BANGALORE-560023 ... PETITIONER (BY SRI NAGENDRA SHETTY, ADVOCATE) AND SRI N SHAKEEL KHAN S/O NAZEER AHMED KHAN AGED ABOUT 39 YEARS PROPRIETOR OF FINE TOOLS AND PRESSING, NO.9/2, 12TH CROSS, MAGADI ROAD, BANGALORE-560023 ... RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W SECTION 401 CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF DISMISSAL DATED 05.07.2017 PASSED BY THE 66TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-67, BANGALORE CITY IN CRIMINAL APPEAL NO.1102/2014 FILED UNDER SECTIONS 372 OF CR.P.C., AND FURTHER ORDER BE PASSED TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 02.09.2014 PASSED BY THE 22ND ACMM, BANGALORE CITY IN C.C. NO. 22484/2012 AND THERE UPON TO CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT WITH SUCH OTHER RELIEFS TO THE PETITIONER/COMPLAINANT.
THIS PETITION COMING FOR ORDERS ON THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner on I.A. No.1/2018 for recalling the order of dismissal by this Court on 06.09.2018 for default, and perused the reasons assigned by the petitioner in the affidavit.
2. Accepting the reasons stated in the accompanying affidavit to the said application, I.A. No.1/2018 is allowed. The order of dismissal dated 06.09.2018 is hereby recalled. The petition is restored to its original file, subject to the condition that the petitioner shall deposit Rs.1,000/- to the Advocate Clerks’ Benevolent Fund within four weeks from today.
3. Heard the learned counsel for the petitioner on I.A. No.2/2018 seeking for grant of special leave to convert this Criminal Revision Petition into a Criminal Appeal.
4. This revision petition filed by the complainant under Section 397 of Cr.P.C., against the acquittal judgment passed by the trial Court. The petitioner ought to have filed a appeal under Section 378(4) of Cr.P.C. Hence, I.A. No.2/2018 is allowed.
5. The petitioner is permitted to convert this Criminal Revision Petition into Criminal Appeal under Section 378(4) read with Section 482 of Cr.P.C.
For statistical purpose, the revision petition is disposed of.
SD/- JUDGE Sbs*