Sri. Hombalaiah v. Narasimha C
Case brief
What is this about?
Karnataka High Court at Bengaluru, CRL.RP No. 1840 of 2025, oral order dated 04.12.2025 by Justice Ravi V Hosmani. Petitioner Sri Hombalaiah (adv. Sri Pavankumar K S.) challenged the acquittal of respondent Narasimha C. for the offence under S.138 NI Act in C.C.No.1089/2019 (Addl Civil Judge and JMFC, Ramanagara, judgment dated 28.08.2025). Held at the orders stage that the revision petition was not maintainable because the remedy of appeal against the acquittal had not been exhausted; office objection upheld; petition dismissed. Key terms: maintainability of revision, acquittal, S.397/401 Cr.P.C., S.438/442 BNSS, S.138 NI Act, Ramanagara.
What did the court decide?
Where a remedy of appeal is provided against the trial court's judgment of acquittal, a revision petition challenging that judgment is not tenable without first exhausting the appeal remedy.