Rajesh Exports Ltd vs. Tjs Builders
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Order Issued After Hearing
Purpose:
Revoked
Before:
Hon'ble S Rachaiah
Listed On:
4 Jul 2023
Order Text
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 287 OF 2023
BETWEEN:
M/S. RAJESH EXPORTS LTD., COMPANY INCORPORATED UNDER COMPANIES ACT, AND HAVING ITS OFFICE AT NO.4, BATAVIA CHAMBERS, KUMARA PARK EAST, BENGALURU – 560 001, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. R.M. NANJUNDASWAMY.
…PETITIONER
(BY SRI. RAJU P., ADVOCATE)
AND:
-
- M/S. TJS BUILDERS AND DEVELOPERS PVT. LTD., PIPELINE ROAD, TAVARAKERE, MAGADI MAIN ROAD, BENGALURU – 562 130, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. SRINIVASA T.J., S/O LATE THIMMEGOWDA.
-
- SRI. SRINIVASA T.J., MANAGING DIRECTOR OF TJS BUILDERS AND DEVELOPERS, PIPELINE ROAD, TAVARAKERE, MAGADI MAIN ROAD, BENGALURU – 562 130.
…RESPONDENTS
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
Digitally signed by N UMA Location: HIGH COURT OF KARNATAKA
OF ACQUITTAL DATED 17.12.2022 PASSED BY THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65) AT BENGALURU IN CRIMINAL APPEAL NO.116/2021.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo which
reads thus:
"The counsel for petitioner submits that, by oversight instead of preferring an appeal under Section 378(4) of Cr.P.C., the petitioner counsel has filed a Revision Petition under Section 397 read with 401 Cr.P.C. Therefore, the above Revision Petition is not maintainable before this Hon'ble Court. In view of the same, this Hon'ble Court may be pleased to convert the above Criminal Revision Petition to Criminal Appeal in the ends of justice. "
-
On perusal of the said memo and in exercise of the power vested under Section 401(5) of Cr.P.C., the Registry is directed to convert the criminal revision petition into Criminal Appeal.
-
Learned counsel for the petitioner is directed to furnish a neatly typed Appeal Memo before the Registry within a period of two weeks from today and the Registry is directed to post the matter before the bench having roster.
- For statistical purpose the criminal revision petition is disposed off.
Sd/- JUDGE
RKA List No.: 1 Sl No.: 11
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