Madhya Pradesh High Court has opined that a revision petition filed by a complainant against acquittal of accused in a cheque bounce case is not maintainable.
A bench of Justice Awasthi has passed the order in the case Criminal Revision No.303/2016 on 06.09.2019.
The applicant has preferred this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (herein after referred to as the Code) against order dated 08.12.2015 passed by learned 12th Additional Sessions Judge, Indore (MP) in Criminal Appeal No.589/2015 and Criminal Appeal No.615/2015, whereby judgment dated 28.07.2015 passed by Judicial Magistrate First Class, Indore, District Indore (MP) in Criminal Case No.7893/2010 has been set aside; and the respondent / accused was convicted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
High Court observed "According to the provisions of Section 378 (1) (b) of the Code, the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court, or an order of acquittal passed by the Court of Session in revision. Section 378 (4) of the Code provides that if such an order of acquittal is passed in any case, instituted upon complaint and the High Court, on an application made to it by the complainant in this 2 behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. In the present matter, the applicant / complainant has not filed any application under Section 378 (4) of the Code for grant of leave to appeal against the judgment of acquittal passed by the Sessions Court in appeal. Therefore, the present revision application is not maintainable".
However, the High Court still given time to the counsel to argue on maintainbility saying "Learned counsel for the applicant prays for and is granted two weeks time to argue on the point of maintainability of the present revision. Matter be listed after two weeks".
Read the Order here:
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