Pramod Kumar Sarthi vs Jila Anta Vyavasayee Sahakari ...
2021 Latest Caselaw 2148 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                            CRMP No. 368 of 2020
Pramod Kumar Sarthi Versus Jila Anta Vyavasayee Sahakari Vikas Samiti Maryadit




03-09-2021         Mr. Amit Kumar,       counsel for the petitioner.
                   Mr. S.S. Tekchandani, counsel for the respondent.

Learned counsel for the petitioner would submit that though his complaint has been dismissed for want of prosecution, still it would amount to acquittal, therefore, revision was not maintainable and he should file acquittal appeal before this court.

On the other hand, learned counsel for the respondent would submit that the case has not been decided on merit, but it has been dismissed for want of prosecution, therefore, the accused is deemed to have been discharged, as such, the revision has rightly been filed before the revisional court and it has been rightly decided by the revisional court.

The issue required to be examined by this court is whether on account of dismissal of the complaint for want of prosecution, acquittal appeal is maintainable before this court or the complainant should file revision before the revisional court. The issue requires consideration.

Heard.

Admit.

Learned counsel for the petitioner and respondent are directed to assist the court by judgments of various High Courts to reach its logical conclusion. List this case on 29-9-2021.

Sd/-

(Narendra Kumar Vyas) Judge

Raju