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2026 DAILYLAW 2545 (KAR)

M/S GEETHA FUEL STATION v. M/S DEEYA ENTERPRISES

CRL.RP/568/2026 · 2026-04-07

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18889 CRL.RP No. 568 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 568 OF 2026 BETWEEN: M/S. GEETHA FUEL STATION HAROHALLI (MELLAHALLI CIRCLE), MYSURU-BANNUR ROAD, MYSURU - 570 010, REPRESENTED BY ITS PROPRIETOR SRI. B.V. ARAVINDA …PETITIONER (BY SRI. AJAY SOHAN PINTO, ADVOCATE FOR SRI. SUDHANVA D.S, ADVOCATE) AND: M/S. DEEYA ENTERPRISES NO.4507, CHOWDESHWARI NILAYA 17TH MAIN, WARD NO.25 VIJAYANAGAR 2ND STAGE MYSURU - 570 017. REPRESENTED BY ITS PROPRIETOR SRI T.A. DEEPAK. …RESPONDENT THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO A. SET ASIDE THE JUDGEMENT DATED 23.01.2026 PASSED IN CRL.A NO.270/2025. B. RESTORE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 23.06.2025 PASSED BY THE PRL.CIVIL JUDGE AND JMFC MYSURU IN CC NO.3636/2016. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18889 CRL.RP No. 568 of 2026 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Office has raised objection with regard to the maintainability. Accused who has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 stood acquitted by the order of the First Appellate Court. Complainant is before this Court by filing this Revision Petition. 2. Against the order of acquittal recorded by the First Appellate Court, no revision petition is maintainable and it is only the appeal which is maintainable. 3. Accordingly, learned counsel for the petitioner has filed the memo seeking to withdraw the present revision petition with liberty to file an appeal. 4. Taking note of the same, the following: ORDER i) Memo is accepted. - 3 - HC-KAR NC: 2026:KHC:18889 CRL.RP No. 568 of 2026 ii) Criminal Revision Petition is dismissed as withdrawn with liberty to file an appeal. iii) Time spent before this Court shall be excluded in the intended appeal under Section 14 of the Limitation Act, 1963. iv) Registry to return all the certified copies after keeping the photocopies. Sd/- (V SRISHANANDA) JUDGE KA List No.: 2 Sl No.: 13