- 1 - HC-KAR NC: 2025:KHC-K:3302 CRL.RP No. 200064 of 2025 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: LATA W/O SHRIKANT CHAVAN, AGE: MAJOR, YEARS, OCC: HOMEMAKER AND AGRICULTURE, R/O SHRISTI NILAYA, SMT. ALKA, SRI UMESH RUBIKAR, TMC NO.22-409, BASAVA NAGAR, HUMNABAD-585330. …RESPONDENT Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3302 CRL.RP No. 200064 of 2025 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 - HC-KAR NC: 2025:KHC-K:3302 CRL.RP No. 200064 of 2025 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 Placing the memo on record, the petition is dismissed as withdrawn with liberty as prayed for.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