Kanyakumari vs Lata

Kanyakumari vs LATA

Type Court Judgment Court Karnataka Kalaburagi Decided Jun 23, 2025

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Citation: sooperkanoon.com/1638473
Court: Karnataka Kalaburagi High Court
Judge: V Srishananda
Decided On: Jun 23, 2025
Case Number: CRL.RP/200064/2025

Parties & Advocates

Appellant / Petitioner

Kanyakumari

Respondent

LATA

Excerpt

.....dated 15-04-2023 on the file of the prl. civil judge and jmfc-ii, bidar and in crl. appeal no.29/2024, dated 05-02-2025 on the addl. dist. & sessions judge, bidar; ii) set aside thejudgment in crl.appeal no.29/2024, dated05-02-2025, passed by the addl. dist. & sessions judge, bidar; and iii) confirm the judgment in c.c.no.2629/2023, dated 15-04-2023, passed by the prl. civil judge and jmfc-ii, bidar and convict the accused/respondent for the offence punishable u/s.138 of n.i. act. this petition, coming on for orders, this day,order was made therein as under:coram: hon'ble mr. justice v srishanandaoral order(per: hon'ble mr. justice v srishananda) learned counsel for the petitioner files a memo. memo reads as under: “may it please your lordship, the appellant has filed this case inadvertently u/sec.397 cr.p.c, though appeal ought to have been filed under the provisions of cr.p.c. hence, it is humbly prayed -3- before the hon’ble court to permit the revision petitioner to withdraw the above case, with liberty to file fresh appeal under appropriate provisions of cr.p.c. it is also humbly prayed to save the time wrongly spent in prosecuting the above case inadvertently. hence, this memo.”placing the memo on record, the petition is dismissed as withdrawn with liberty as prayed for. time spent in the revision petition shall be excluded under section 14 of the limitation act while computing the period of limitation, if a fresh appeal is filed. office is directed to return the certified copy of the documents by retaining the photocopy of the same. sd/- (v srishananda) judge rsp list no.: 1 sl no.: 15 ct:pk

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 200064 OF 2025 BETWEEN: KANYAKUMARI W/O BASAVARAJ, AGE: 28 YEARS, OCC: HOMEMAKER AND AGRICULTURE, R/O NIMBUR, TQ. HUMNABAD, NOW AT BIDAR, H.NO.9-8-82/8, BASAVANAGAR, BIDAR -585403.

…PETITIONER (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) AND: Digitally signed by RENUKA LATA W/O SHRIKANT CHAVAN, Location: HIGH AGE: MAJOR, YEARS, COURT OF KARNATAKA OCC: HOMEMAKER AND AGRICULTURE, R/O SHRISTI NILAYA, SMT. ALKA, SRI UMESH RUBIKAR, TMC NO.22-409, BASAVA NAGAR, HUMNABAD-585330. …RESPONDENT -2- THIS CRIMINAL REVISION PETITION IS UNDER SECTION

397 OF CR.P.C./438 OF BNSS PRAYING TO I) CALL FOR THE RECORDS IN C.C.NO.2629/2023, DATED 15-04-2023 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC-II, BIDAR AND IN CRL. APPEAL NO.29/2024, DATED 05-02-2025 ON THE ADDL. DIST. & SESSIONS JUDGE, BIDAR; II) SET ASIDE THE

JUDGMENT IN CRL.APPEAL NO.29/2024, DATED

05-02-2025, PASSED BY THE ADDL. DIST. & SESSIONS JUDGE, BIDAR; AND III) CONFIRM THE JUDGMENT IN C.C.NO.2629/2023, DATED 15-04-2023, PASSED BY THE PRL. CIVIL JUDGE AND JMFC-II, BIDAR AND CONVICT THE ACCUSED/RESPONDENT FOR THE OFFENCE PUNISHABLE U/S.138 OF N.I. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

(PER: HON'BLE MR. JUSTICE V SRISHANANDA) Learned counsel for the petitioner files a memo. Memo reads as under: “May it please Your Lordship, The appellant has filed this case inadvertently U/Sec.397 Cr.P.C, though appeal ought to have been filed under the provisions of Cr.P.C. Hence, it is humbly prayed -3- before the Hon’ble Court to permit the revision petitioner to withdraw the above case, with liberty to file fresh appeal under appropriate provisions of Cr.P.C. It is also humbly prayed to save the time wrongly spent in prosecuting the above case inadvertently. Hence, this memo.”

Placing the memo on record, the petition is dismissed as withdrawn with liberty as prayed for. Time spent in the revision petition shall be excluded under Section 14 of the Limitation Act while computing the period of limitation, if a fresh appeal is filed. Office is directed to return the certified copy of the documents by retaining the photocopy of the same. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 15 CT:PK

Same Court & Year Karnataka Kalaburagi · 2025 Same Parties Kanyakumari vs LATA Same Judge V Srishananda