STATE OF KARNATAKA Vs. APPAJI NINGAPPA PATIL

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned Counsel for the parties and also perused the judgment/order dated 7.2.2000 of the High Court of Karnataka in Criminal Appeal No. 227 of 1994. In the said judgment/order, a Division Bench of the High Court disposed of the appeal with certain observations. The relevant portion of the judgment is extracted below: In the light of the aforesaid position, while declining to interfere with the order of acquittal, we direct that the accused shall deposit with the bank within an outer limit of six months from today with the sum of Rs. 46,206 and he shall thereafter produce the receipt for the said deposit along with a copy of this order before the civil court at Belgaum in O.S. No. 425 of 1989. On the production of the proof of deposit, the civil court shall pass an order to the effect that the banks claims are satisfied and dispose of the civil suit. In the light of the aforesaid directions, the appeal to stand dismissed on merits.

(3.) The Respondent was tried on the charges under Sections 409, 420 and 465 of the Penal Code for misappropriation of a sum of Rs. 46,206 due to the United Commercial Bank, Belgaum, Karnataka. The trial court on assessment of the evidence on record acquitted the Respondent of the charges. The State moved the High Court under Section 378 (1) of the Code of Criminal Procedure for leave to challenge the judgment/order of acquittal. Leave having been granted, Criminal Appeal No. 227 of 1994 was registered.