In a criminal revision petition under Section 397 Cr.P.C. seeking to recall an acquittal order passed in a Section 138 NI Act case, the court held that acquittal orders are appealable but not revisable. Consequently, the petition was dismissed as not maintainable.
The revision petition was dismissed for being not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1CRL.RP.No.344/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2015 BEFORE
THE HON’BLE MR.JUSTICE A.S.PACHHAPURE
CRIMINAL REVISION PETITION No.344/2015
BETWEEN:
(BY SRI BASAVAIAH.C., ADV. [ABSENT])
AND:
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CRL.RP.No.344/2015
PROPERTIES PVT. LTD., CORPORATE OFFICE AT BLUE VALLEY CELESTIAL, NO.41, NANDIDURGA MAIN ROAD, JAYAMAHAL EXTENSION, BENGALURU – 560 046.
... RESPONDENTS
THIS CRL.RP FILED U/S.397 CR.P.C. PRAYING TO SET ASIDE AND RECALL THE ORDER DATED 03.05.2014 IN C.C.NO.7143/2012 IN THE PETITIONER CASE AS PER ANNEXUREA, ON THE FILE OF THE XIX-ACMM, BENGALURU, BY RECALLING THE APPLICATION DATED 31.12.2014 AS PER ANNEXURE-H.
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CRL.RP.No.344/2015
THIS CRL.RP COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Counsel absent.
complaint filed under Section 138 of the NI Act came to be dismissed for the absence of the appellant in the trial Court and by accepting the memo, an order of acquittal of the respondent was passed in respect of charge under Section 138 of NI Act.
revisable. Therefore, this revision petition is not maintainable.
Sd/JUDGE
VM
2 issues framed by the court
Whether a Criminal Revision Petition is maintainable against an order of acquittal.
If the revision petition for an acquittal in a Section 138 case is maintainable.
2 provisions across 2 enactments
M/s. MKV Engineering
M/s. Blue Valley Properties Pvt. Ltd.
A.S. Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
