This Criminal Revision Petition was dismissed as not maintainable. The court held that the proper remedy to challenge an acquittal in a Section 138 NI Act case is an appeal, not a revision under Section 397/401 CrPC.
Revision petition dismissed as not maintainable; petitioner allowed to file appropriate appeal.
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CRL.RP No. 47 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 47 OF 2023
BETWEEN:
SRI.NATARAJANAYAKA S/O CHANNANAYAKA AGED ABOUT 38 YEARS R/AT. KURJAN STREET, WARD NO.3 KALKUNIKE, HUNSUR TALUK MYSORE DISTRICT-571105.
…PETITIONER
(BY SRI. LOKESH B N.,ADVOCATE)
AND:
SRI.ABDUL @ CHAND S/O AMJUDDIN(BUTCHER) AGED ABOUT 28 YEARS, R/AY RAHAMATH MOHALLA WARD NO.8, HUSNUR TOWN MYSURU DISTRICT-571105.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENT
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE ADDL.SENIOR CIVIL JUDGE AND J.M.F.C HUNSUR IN C.C.N.173/2019 DATED 25.02.2022 AND ETC.,
CRL.RP No. 47 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this revision petition challenging
the judgment passed by the trial Court passed in CC.No.173/2019 acquitting the accused for the offence punishable under Section 138 of Negotiable Instruments Act. The proper remedy is to file an appeal and not a revision petition under Section 397 R/w 401 of Cr.PC.
maintainable.
Sd/JUDGE
PK
2 issues framed by the court
Whether a revision petition under Section 397 CrPC is maintainable to challenge an acquittal in a Section 138 NI Act case.
Whether the proper remedy against an acquittal is an appeal and not a revision.
2 provisions across 2 enactments
SRI NATARAJANAYAKA
SRI ABDUL
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
