The criminal revision petition filed under Section 397 read with Section 401 of Cr.P.C. was prayed to be withdrawn with liberty to file an appeal. The court dismissed the petition as withdrawn and granted liberty to file an appeal.
Petition dismissed as withdrawn; liberty to file appeal granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL REVISION PETITION NO.85 OF 2022
BETWEEN:
SRI. CHOWDESHA, S/O MAYIGAIAH, AGED ABOUT 53 YEARS, R/O II CROSS, GOWTHAM LAYOUT, GUTTALU COLONY, MANDYA CITY - 571 403.
…PETITIONER
(BY SRI. HARIPRASAD M.B., ADVOCATE)
AND:
SRI.M.NANJUNDEGOWDA, S/O LATE MANJE GOWDA, AGED ABOUT 74 YEARS, R/O KUTUVADI VILLAGE, BILEKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571 103.
…RESPONDENT
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 30.10.2021 PASSED IN CRL.A.NO.36/2021 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA, REVERSING THE ORDER OF CONVICTION AND SENTENCE DATED 08.03.2021 PASSED IN C.C.NO.584/2008 ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND J.MF.C AT MANDYA FOR THE OFFENCE P/U/S 138 OF THE N.I. ACT.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel for the petitioner seeks permission to withdraw this petition and liberty to file appeal.
The Appellate Court has acquitted the petitioner by reversing the Judgment of the Trial Court. Therefore, appeal is maintainable. In this view, this petition is dismissed as withdrawn and liberty is granted to file an appeal.
Sd/JUDGE
SAC
2 issues framed by the court
Whether to allow withdrawal of the criminal revision petition and liberty to file appeal.
Whether the revision petition is maintainable given the acquittal in the appellate court.
1 provisions across 1 enactments
SRI. CHOWDESHA, S/O MAYIGAIAH
SRI.M.NANJUNDEGOWDA, S/O LATE MANJE GOWDA
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
