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2022 (11) TMI 920 - HC - Indian LawsDishonor of Cheque - complainant failed to comply with the mandatory provision as laid down under the N.I. Act as the notice was not served upon the accused persons - Reversal of order of acquittal passed by learned Metropolitan Magistrate - maintainability of impugned judgement in view of statutory mandate expounded under Sub-Section 3 of Section 401 of Criminal Procedure Code - HELD THAT:- In view of the statutory mandate expounded under Sub-Section 3 of Section 401 of Criminal Procedure Code the impugned judgement cannot be allowed to remain in force. Under the Code of Criminal Procedure specific provision is there to prefer appeal against the order of acquittal under Section 378. Therefore, in view of the judgement pronounced in the case of MADHU LIMAYE VERSUS STATE OF MAHARASHTRA [1977 (10) TMI 111 - SUPREME COURT] there is no room for this Court to invoke the inherent jurisdiction to consider the order of acquittal passed by learned Trial Court, while dealing with an application under Section 482 of the Cr.P.C. challenging the legality of another judgement. While acknowledging the constitutional right of the litigants to have speedy jusice, Court should not and cannot pass any order that runs counter to the intention of the legislature as reflected in statutory provision. However, when it is found that the Opposite Party/complainant was prosecuting with due diligence with another prosecution the benefit of Section 470 of Criminal Procedure Code may be extended - while refusing to imbibe myself with the argument of Mr. Hussain, I am inclined to give liberty to the Opposite Party No. 1, if any application is filed under Section 378 of the Criminal Procedure Code before the appropriate Court having jurisdiction, challenging the order of acquittal within 30 days from this day in that event learned Appellate Court shall consider the application for appeal keeping in mind the provision of Section 470 of the Criminal Procedure Code. The criminal revision is disposed of.
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