Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (2) TMI 1341 - KARNATAKA HIGH COURTMaintainability of revision petition - appeal would lie under Section 378(4) of the Cr.P.C. or not - Dishonour of Cheque - Section 14 of the Limitation Act - HELD THAT:- In the instant case also, against the judgment of acquittal, the complainant had wrongly approached the learned FTC-VII and FTC-XIII instead of approaching this Court under Section 378(4) of the Cr.P.C. However, both the parties contested the matter before the said FTC-VII and FTC-XIII, which matter also ended in acquittal of the accused. Therefore, there are judgments of acquittal by both the Trial Court as well by the Sessions Judge's Courts in the matter. Thus, in either way, the challenge, if any, the complainant intends to make against the impugned judgments of acquittal, can by no stretch of imagination be through a revision under Section 397 of the Cr.P.C. and it is only under Section 378(4) of the Cr.P.C. in the form of a criminal appeal. Considering the fact that despite there being a specific provision for challenging the acquittal order under Section 378 of the Cr.P.C., since the complainant once again initiated and proceeded on revision under Section 397 of the Cr.P.C., instead of an appeal under Section 378(4) of the Cr.P.C., and more importantly, much time has been taken by the petitioner in his attempt claiming that he would convince the Court in the light of the judicial precedents that, the present revision petitions are maintainable, by imposing cost, the prayer of the learned counsel for the petitioner for withdrawal of these two revision petitions with liberty to file criminal appeals be allowed. Appeal allowed.
|