Hari Naryan Singh vs The State Of Jharkhand
2025 Latest Caselaw 1299 Jhar

Jharkhand High Court

Hari Naryan Singh vs The State Of Jharkhand on 31 July, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Rev. No. 475 of 2020
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Hari Naryan Singh ... .... Petitioner Versus

1. The State of Jharkhand

2. Lakshmi Devi ... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Ms. Rashmi Kumar, Advocate For the State : Mr. Naveen Kr. Gaunjhu, A.P.P.

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Oral Order 06 / Dated : 31.07.2025

In Complainant Case No. 115 of 2017 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. 39 of 2018.

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.) AKT/Satayendra