- 1 - HC-KAR NC: 2026:KHC:20425 CRL.RP No. 603 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 603 OF 2026 BETWEEN: SRI. RASHEED K.S. AGED ABOUT 49 YEARS, S/O K S GAFFOR SAB, R/AT NO.2, ACHARYA COLLEGE ROAD, VEERASHETTY HALLI, CHIKKABANAVARA POST, NOW ACHUTHANAGARA POST, BENGALURU - 560 107 …PETITIONER (BY SRI. S. SHIVA KUMAR, ADVOCATE (ABSENT)) AND: SRI. A. PRABHAKAR REDDY AGED ABOUT 49 YEARS, S/O ANJANAPPA, MARUTHI NILAYA, ACHARYA COLLEGE ROAD, VEERASHETTY HALLI, CHIKKABANAVARA POST, NOW ACHUTHANAGAR POST, BENGALURU - 560 107 …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20425 CRL.RP No. 603 of 2026 THIS CRL.RP IS FILED U/S. 397 R/W 401 (FILED U/S.438 R/W SEC.442 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 03.02.2026 PASSED BY THE HONBLE I ADDL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND CONFIRM THE JUDGMENT OF CONVICTION AND CONSEQUENTIAL SENTENCE DATED 01.04.2024 PASSED BY THE HONBLE CJM, BENGALURU RURAL DISTRICT, BENGLAURU TO CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE P/US/ 138 OF NI ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Office has raised objection with regard to maintainability of the revision petition. 2. Respondent/accused who was convicted before the Trial Magistrate in C.C. No.6939/2018, which was reversed in Criminal Appeal No.33/2024. 3. Against such an Order of acquittal recorded by the First Appellate Court, appeal would lie before this Court and not the revision petition. - 3 - HC-KAR NC: 2026:KHC:20425 CRL.RP No. 603 of 2026 4. Accordingly, office objection is hereby sustained and following order is passed: ORDER (i) Criminal Revision Petition is dismissed as not maintainable. (ii) However, the revision petitioner being the complainant is entitled to file an appeal in accordance with law. (iii) Time spent before this Court in this revision petition shall be excluded while computing the period of limitation in the intended appeal. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 12