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[Cites 3, Cited by 0]

Karnataka High Court

H K Nannaiah vs H P Muddaiah on 9 August, 2012

Author: A.N.Venugopala Gowda

Bench: A.N. Venugopala Gowda

                                                    1




  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 9TH DAY OF AUGUST, 2012

                       BEFORE

  THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

       CRIMINAL REVISION PETITION NO.812/2010


BETWEEN:

H.K. Nannaiah,
S/o. Kallappa,
Residing at Hadinaru Milk
Producers Co-Operative Society,
Hadinaru Village,
Nanjangud Taluk,
Mysore District.
                                        ... PETITIONER

(By Sri C.M. Jagadeesh, Adv.)

AND:

H.P. Muddaiah,
S/o. Parvathappa,
Aged about 48 years,
Secretary, Residing at Hadinaru
Milk Producers Co-Operative Society,
Hadinaru Village,
Nanjangud Taluk,
Mysore District.
                                       ... RESPONDENT

(By Sri T.N. Raghupathy, Adv.)
                                                           2




      This Crl.R.P. is filed under Section 397 r/w 401
Cr.P.C. praying to set aside the judgment of acquittal
dated 4.5.2010 passed by II Addl. District and Sessions
Judge, Mysore in Crl.A.No.115/2008 and confirm the
judgment and order dated 6.5.2008 passed by the Prl. Civil
Judge (Jr.Dn.) & JMFC., Nanjanagudu in C.C.No.631/2003.

      This Crl.R.P. coming on for admission this day, the
Court made the following:

                          ORDER

In view of the decision in the case of K.H.Ganesh Rao Vs. H.Gopal, reported in 2011(1) KLJ 652, the revision petition filed by the complainant in a matter arising under S.138 of the Negotiable Instruments Act, against the judgment of acquittal passed by the Appellate Court, is not maintainable. Petition is dismissed reserving liberty to the petitioner to file Criminal Appeal by seeking leave of the Court.

Ordered accordingly.

Sd/-

JUDGE Ksj/-