Telangana High Court
Mrs.Mercy Robin vs M/S Uma Finance Corporation ... on 13 November, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.971 OF 2013
J U D G M E N T:
This criminal appeal is filed by the appellant/accused questioning the judgment in Crl.A.No.280 of 2012 dated 31.10.2013 passed by the Metropolitan Sessions Judge, Cyberabad, L.B.Nagar.
2. Heard learned counsel for the appellant/accused, learned Assistant Public Prosecutor for the respondent No.1-State and perused the entire material on record.
3. A complaint was filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act') before the IX Special Magistrate Court at Hasthinapuram. Learned Magistrate having conducted the trial found that the accused was not guilty for the offence under Section 138 of N.I.Act and accordingly, acquitted him.
4. The Appeal was filed before the Metropolitan Sessions Judge and in the Appeal, the learned Sessions Judge reversed the order of acquittal. Aggrieved by the said order of reversal of acquittal, the present Appeal is filed. 2
5. Under Section 378 (4) of Cr.P.C., in the event of acquittal, in a private complaint, the Appeal has to be preferred to the High Court.
6. The Appeal entertained by the Metropolitan Sessions Judge vide Crl.A.No.280 of 2012 is beyond jurisdiction. Learned Sessions Judge ought to have refused the Appeal and returned the bundle to the appellant for filing in the High Court.
7. Since the impugned order passed by the Metropolitan Sessions Judge is without jurisdiction, the order passed in Crl.A.No.280 of 2012 is set aside. However, the complainant is at liberty to seek recourse in accordance with law.
8. With the above observation, the Criminal Appeal is disposed off. Miscellaneous Petitions, pending if any, shall stand closed.
__________________ K.SURENDER, J Date: 13.11.2024 dv