Avinash Kumar Gupta vs The State Of Jharkhand
2025 Latest Caselaw 1300 Jhar

Jharkhand High Court

Avinash Kumar Gupta 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. 1664 of 2019
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Avinash Kumar Gupta ... .... Petitioner Versus

1. The State of Jharkhand

2. Md. Ehsaan ... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Avishek Chandra, Advocate For the State : Mr. Vineet Kr. Vashistha, S.P.P. For Opp.Party No.2 : Mr. Manish Yadav, Advocate

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Oral Order 09 / Dated : 31.07.2025 The petitioner is the complainant of C.C. Case No. 1309 of 2016 (T.R. No. 1026/2018), in which the judgment of conviction and sentence were passed under Section 138 of the N.I. Act., Cr. Appeal No. 17 of 2018 was preferred against the judgment of conviction and sentence and the said judgment of conviction and sentence were set aside.

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

It is submitted by the learned counsel for the petitioner that the petitioner had earlier preferred Acquittal Appeal No. 19 of 2019 before this Court which was dismissed as withdrawn with liberty to prefer the criminal revision.

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