ORDER :

1. This petition is filed by the petitioner-accused No.2 under Section 482 OF Cr.P.C for setting aside the judgment of conviction and sentence passed by the 27th Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.22746/2017 dated 2.1.2023 for having convicted petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred as 'NI Act')

2. The office raised the objection regarding maintainability of this petition filed under section 482 of Cr.P.C., as the petitioner being the accused convicted in the trial court, requires to file appeal under section 374 of Cr.P.C.

3. Heard, Sri. Sandesh J. Chouta, learned senior Counsel for petitioner.

4. The learned senior counsel has contended that the criminal petition filed under section 482 of Cr.P.C is maintainable, even though the statutory right of the accused for filing appeal is available, therefore filing this petition is maintainable. Hence, prayed for over ruling the office objections.

5. The learned counsel relied upon the judgments of Hon'ble Supreme Court in the case of Punjab State Warehousing Corporation Faridkot Vs Shree Durga Ji Traders and Ors reported in (2011)