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2015 (1) TMI 1365 - HC - Indian LawsMaintainability of appeal - Whether the two appeals against the lower revisional Court's acquittal and reversal judgments are not maintainable and this Court cannot sit otherwise against the impugned acquittal revision Judgments, under Section 482 Cr.P.C. and otherwise on merits and with what observations and conclusions? - Held that: - once there is a bar for second revision, it is to consider if appeal won't lie, whether to decide as a proceeding under Section 482 Cr.P.C. - the power of revision to entertain by High Court, even taken away under any of the provisions of Cr.P.C. that can be exercised under Section 482 Cr.P.C. - even revision or appeal is a bar by virtue of any of the specific provisions of Cr.P.C. the High Court's inherent power can be exercised in deciding the matter before it under Section 482 Cr.P.C. within its scope; that is not a bar from what is discussed supra from several and settled expressions of the Apex Court to decide the two appeals on merits by taking the same under Section 482 Cr.P.C. for otherwise not maintainable under Section 378(4) Cr.P.C. or proviso to Section 372 amended Cr.P.C. The reversal and acquittal judgments of the lower revisional Court by sitting against the conviction judgments of the trial Court are unsustainable and outcome of ill appreciation of facts and law that resulted grave injustice to the complainant-bank and the same is prone to the jurisdiction of this Court by way of appeal under Section 378(4) read with Section 378(1)(b) and (3) and otherwise under Section 372 and its proviso read with Section 2(w)(a) and otherwise within inherent power of this Court saved by the Section 482 Cr.P.C., for this Court to set aside the said revision Court reversal judgments to secure ends of justice being necessary. The two appeals taken under Section 482 Cr.P.C. from otherwise if not maintainable either under Section 378(4) or under Section 372 amended Cr.P.C. and the lower revision Court's acquittal judgments are set aside by restoring the trial Court's conviction judgments - appeal disposed off.
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