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2018 (8) TMI 829 - KARNATAKA HIGH COURTDishonor of cheque - insufficiency of funds - Offences under Section 138 of the NI Act - whether an appeal can be maintained against the judgment of acquittal for an offence punishable under Section 138 of the NI Act before the jurisdictional Sessions Court under the proviso to Section 374 Cr.P.C.? Held that:- Since it was a case of acquittal judgment passed by the jurisdictional court relating to the offences under Section 138 of the NI Act, the complainant could have preferred an appeal before the High Court under Section 378(4) Cr.P.C. and thereafter for special leave to the Supreme Court under Article 136 of the Constitution of India. The First appellate court, without having any jurisdiction as contemplated under the Cr.P.C., has entertained the appeal relating to the judgment of acquittal passed by the Trial Court in C.C.No.24880/2 007 and hence, the impugned judgment in Crl.A.725/2010 is passed without having any jurisdiction. The First Appellate Court in Crl.A.No.725/2010, erroneously has reversed the acquittal judgment held by the Trial Court in C.C.24880/2007 without any jurisdiction as contemplated under Section 378(4) Cr.P.C., where the appeal has to lie before this court in a judgment of acquittal passed by the Trial Court - appeal allowed.
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