- 1 - HC-KAR NC: 2026:KHC:18888 CRL.RP No. 569 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. 569 OF 2026 BETWEEN: MR. NISHAN S/O KRISHNA BHANDARY, AGED ABOUT 38 YEARS, PROPRIETOR: M/S. SRI SAI BABALS INDIA, HAVING OFFICE AT NEERMARGA, MANGALURU - 575 029. …PETITIONER (BY SRI. GURUNATH CHAVHAN, ADVOCATE FOR SRI. CHIDANANDA KEDILAYA M, ADVOCATE) AND: MR. PURUSHOTHAM S/O NAGAPPA SUVARNA, AGED ABOUT 52 YEARS, R/AT KULSHEKAR, SILVER GATE, MANGALURU - 575 005. …RESPONDENT THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO A. SET ASIDE THE JUDGMENT DATED 02.02.2026 PASSED IN CRL.A NO.102/2025 ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18888 CRL.RP No. 569 of 2026 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. ii) Criminal Revision Petition is dismissed as withdrawn with liberty to file an appeal. - 3 - HC-KAR NC: 2026:KHC:18888 CRL.RP No. 569 of 2026 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.: 14