Gautam Kumar Sahu vs The State Of Jharkhand & Anr. ... .... ...
2025 Latest Caselaw 1333 Jhar

Jharkhand High Court

Gautam Kumar Sahu vs The State Of Jharkhand & Anr. ... .... ... on 1 August, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Cr. Revision No. 1057 of 2023

Gautam Kumar Sahu                                   .....   ....     Petitioner
                                Versus
The State of Jharkhand & Anr.                       ...       ....       Opp. Parties

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner            : Mr. Krishna Prajapati, Advocate
                                Mr. Sushavan Bhowmik, Advocate
For the State                 : Ms. Amrita Kumari, APP
                              ------

Order No. 02 / Dated : 01.08.2025.

In Complaint Case No. 933 of 2018 judgment of conviction and sentence were passed under Section 138 of the N.I. Act. by the trial court which was set aside and reversed in Cr. Appeal No. 73 of 2022.

The instant criminal revision petition has been preferred by the complainant against the order of acquittal passed in appeal.

The matter for consideration on the point of maintainability is whether a criminal revision or an acquittal appeal shall be maintainable against the impugned judgment?

This question is no longer res-integra and has been decided by the Hon'ble Supreme Court in Joseph Stephen and Others Vs. Santhanasamy and others reported in (2022) 13 SCC 115. This has been reiterated in 2025 SCC online SC 1320 (Celestium Financial Vs. A. Gnanasekaran Etc.).

Under the circumstance, this criminal revision petition will not be maintainable.

Learned counsel for the petitioner is permitted to convert the instant criminal revision into acquittal appeal, during course of the day.

After the said amendment, office to proceed accordingly.

(Gautam Kumar Choudhary, J.) Pawan/ -