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2026 DAILYLAW 51709 (KAR)

SUSHMA S v. ANIL P

CRL.RP/1892/2025 · 2026-02-03

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6368 CRL.RP No. 1892 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1892 OF 2025 BETWEEN: SUSHMA S D/O SHANMUKHA C AGED 35 YEARS R/AT JAYALAKSHMIVILAS ROAD CHAMARAJAPURAM MYSURU - 570 001. …PETITIONER (BY SRI NAGARJUN J, ADV.) AND: ANIL P S/O PADMANABA AGED ABOUT 36 YEARS R/AT 72, OPP. TERESIAN COLLEGE T. NARASIPURA ROAD MYSURU - 570 011. …RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE II ADDL.DISTRICT AND SESSIONS COURT AT MYSURU IN CRL.A.NO.62/2024 ON 10TH DAY OF JULY 2025 AND UPHLED THE JUDGMENT PASSED BY THE HONBLE III ADDL.CIVIL JUDGE AND J.M.F.C AT MYSURU IN C.C.NO.62/2024OFFICE OBJECTIONS1.THIS CRL.RP IS PREFERRED BY THE COMPLAINANT TO SET ASIDE THE ORDER PASSED BY THE HONBLE II ADDL.DISTRICT AND SESSIONS COURT AT MYSURU IN CRL.A.NO.62/2024. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6368 CRL.RP No. 1892 of 2025 ORAL ORDER 1. Matter called twice there is no representation on behalf of the petitioner. Even on the last date of hearing, there was no representation on behalf of the petitioner. 2. Registry has raised an office objection with regard to the maintainability of this criminal revision petition against the impugned judgment and order dated 10.07.2025 passed by the Court of II Addl. District & Sessions Judge, Mysuru in Crl.A.No.62 of 2024. 3. The respondent / accused has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act by the Appellate Court vide the impugned judgment and order dated 10.07.2025 passed in Criminal Appeal No.62 of 2024. As against the said judgment and order of acquittal, the petitioner herein has an alternative efficacious remedy of filing an appeal as provided under Section 419(4) of BNSS 2023 Act Read with Section 378(4) of Cr.P.C, Therefore, this revision petition cannot be maintained. - 3 - HC-KAR NC: 2026:KHC:6368 CRL.RP No. 1892 of 2025 4. Office objection regarding maintainability of the petition is upheld and this criminal revision petition is dismissed as not maintainable with liberty to the petitioner to prefer a criminal appeal as aforesaid. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 6