In a recent ruling, the Supreme Court held that the High Court, while exercising its criminal revision jurisdiction under Section 401 Cr.P.C., overstepped its authority by converting an acquittal into a conviction.
Apex Court noted that if the High Court found the acquittal unjustified, it should have remanded the case for re-appraisal rather than directly ordering a conviction.
The proceedings commenced under Section 138 of the Negotiable Instruments Act, of 1881, initially resulted in the appellant’s conviction. This conviction was later overturned by the appellate court, leading to the appellant’s acquittal. However, the High Court reversed the acquittal and reinstated the conviction.
The Supreme Court observed that the High Court’s action was beyond its powers under Section 401(3) of the Cr.P.C., which does not permit converting an acquittal into a conviction. instead, the appropriate course would have been to remit the matter to the appellate court for reconsideration.
Consequently, the Supreme Court remitted the case back to the Additional District and Sessions Judge at Bengaluru Rural District, Anekal, directing both parties to appear before the court within four weeks. The appellate court is to render a decision based on the revised consideration of the case. The appeal has been disposed of with this order.
Case Title: C.N. SHANTHA KUMAR vs. M.S. SRINIVAS
Citation: Special Leave to Appeal (Crl.) No(s). 4370/2023
Coram: Justice Hrishikesh Roy, Justice S.V.N. Bhatti
Order Date: 02.09.2024
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