Rajiv Kumar vs Yersus
2021 Latest Caselaw 1242 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision Nu.)249 of 2015

Rajiv Kumar s/o §8.P Singh
Nagar, Argora, Ranchi (Th

hy fo 43, Cooperative Market, Road No.3, Ashok

arkhand) besves Petitioner

age a

   

Yersus
Sint. Sandhya Chaudhary, wo Sudip Chaudhary, ro Ralibabu Street,
PS-Kotm mali, Ranchi ¢ Tharkhand }, PO-GPO, Ranchi, Fin-83400}

. Opposite Party

CPhrough VC }
CORAM: HON BLE MR. JUSTICE SHREE CHANDRASHERHAR

Por the T Petiuioner > Mp in yay amod Prasad Gupta, Advocate > Mr Abhishek Prasad, Advocate

Order Na, 03/Dated: 12" March, 2021

This creminal revision petiion has been fled against the judgment dated O2.407 2015 passed by the learned Judicig] Magusirate, 1° Class, Ranchi in Complaint Case No.l iSS of 2010/9 PR No. 76 of 2015 by

which the accused (the opposite party herein} has been acquitied af the cruminal charges framed against her under section 138 of Negotiable instrurnents Act.

a Gn a pointed query of the Court how this revision petition is maintainable, the learned caunsel for the petitioner sceks permission to withdraw {his revision petition with a Hens to the petitioner fo prefer appeal against the judement dated 02.07.2015.

3. Section 378 of the Cade of Criminal Procedure provides appeal incase of sequittal, Sub-section 4 to section 378 of the Code of Criminal Procedure reads as under

"Oa GOGHETEH 1k PUusses

ea

EP GAY cies

2PM Ma,

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4, The pudement of acquittal passed in Complaint Case No.1iS3 PF SQLOPTR No.?6 of 2015 is an appealable order, however, the petitions

has chosen ts prefer criminal revision againat the sau order.

Nit Me FES? OP SNE

5, Aller this criminal revision petition was instituted on

(3.102015 Hf has remained defective for about five years and the petitioner

REERD

by oye Sars area So, PERS Ee my vie ~ ore So yre Has mal cared to rernave the defects.

at

Today this matter is listed before me for the Hirst time and the

Ste,

SE

learned counsel far the petitioner seeks adjourrement for removing the

ender

def ROE,

In view of the aforesaid fae iS, Ay Order of adjournment would bea fiitlie exercise and, © Betorealy, Criminal Revision No {240 of SOis is dismissed as not maintainable.

a, Let the lower Court records be sent to the Court concerned forthwith.

oe Leta copy of this order be transmitted to the Court conzerned through "Pax, San Shree Chandrashekhard)}