Karnataka High Court
Sri Anil V Raiker vs Sri Abdul Munaf on 4 March, 2014
Author: H.S.Kempanna
Bench: H.S.Kempanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF MARCH, 2014
BEFORE
THE HON'BLE MR. JUSTICE H.S.KEMPANNA
CRIMINAL REVISION PETITION NO.952 OF 2013
BETWEEN
SRI. ANIL V RAIKER,
S/O VISHWANATH M. RAIKER,
AGED ABOUT 38 YEARS,
R/O YALAKKYAPPANA KERI,
2ND CROSS, GANDHI BAZAR,
SHIVAMOGGA - AT/DT.
... PETITIONER
(BY SRI RAVINDRANATH H, ADVOCATE)
AND
SRI. ABDUL MUNAF,
S/O SALIHA, AGED ABOUT 48 YEARS,
R/O 1ST CROSS, 3RD MAIN, S.N. NAGARA,
SAGARA -TQ, SHIVAMOGGA-DISTRICT.
... RESPONDENT
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET AISDE THE ORDER/JUDGMENT OF CONVICTION AND
SENTENCE DATED 23.09.2013 IN CRL.A.NO.120/2012 PASSED
BY THE FAST TRACT COURT-II, SHIMOGA REVERSING THE
JUDGMENT AND ORDER OF CONVICTION AND SENTENCE
DATED 23.05.2012 PASSED BY THE CIVIL JUDGE AND J.M.FC.,
SHIKARIPURA IN C.C.NO.3432 OF 2009 (222/07) IN RESPECT OF
OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND
TAKE ACTION AS PRAYED IN THE COMPLAINT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
2
ORDER
Learned counsel for the petitioner has filed a memo praying to permit the petitioner to convert the above petition into an appeal.
2. In view of what is contemplated under Section 401 (5) of Cr.P.C. as the impugned order is appealable, the memo is allowed. The petitioner is permitted to convert the present revision petition into an appeal.
Learned Counsel for the petitioner to take necessary steps to carry out amendment accordingly and thereafter, office is directed to register this as an appeal.
The petition is disposed of accordingly.
Sd/-
JUDGE.
rs