Mrs.Mercy Robin vs M/S Uma Finance Corporation ...
2024 Latest Caselaw 4440 Tel

Telangana High Court

Mrs.Mercy Robin vs M/S Uma Finance Corporation ... on 13 November, 2024

          THE HONOURABLE SRI JUSTICE K.SURENDER

             CRIMINAL APPEAL No.971 OF 2013

J U D G M E N T:

This criminal appeal is filed by the appellant/accused

questioning the judgment in Crl.A.No.280 of 2012 dated

31.10.2013 passed by the Metropolitan Sessions Judge,

Cyberabad, L.B.Nagar.

2. Heard learned counsel for the appellant/accused, learned

Assistant Public Prosecutor for the respondent No.1-State and

perused the entire material on record.

3. A complaint was filed under Section 138 of the Negotiable

Instruments Act, 1881 (for short 'N.I.Act') before the IX Special

Magistrate Court at Hasthinapuram. Learned Magistrate

having conducted the trial found that the accused was not

guilty for the offence under Section 138 of N.I.Act and

accordingly, acquitted him.

4. The Appeal was filed before the Metropolitan Sessions

Judge and in the Appeal, the learned Sessions Judge reversed

the order of acquittal. Aggrieved by the said order of reversal of

acquittal, the present Appeal is filed.

5. Under Section 378 (4) of Cr.P.C., in the event of acquittal,

in a private complaint, the Appeal has to be preferred to the

High Court.

6. The Appeal entertained by the Metropolitan Sessions

Judge vide Crl.A.No.280 of 2012 is beyond jurisdiction.

Learned Sessions Judge ought to have refused the Appeal and

returned the bundle to the appellant for filing in the High

Court.

7. Since the impugned order passed by the Metropolitan

Sessions Judge is without jurisdiction, the order passed in

Crl.A.No.280 of 2012 is set aside. However, the complainant is

at liberty to seek recourse in accordance with law.

8. With the above observation, the Criminal Appeal is

disposed off. Miscellaneous Petitions, pending if any, shall

stand closed.

__________________ K.SURENDER, J Date: 13.11.2024 dv