TMI Blog2018 (8) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Criminal Appeal No. 851 of 2011 - - - Dated:- 12-4-2018 - MR. K. SOMASHEKAR J. Appellant by: Sri. Raghavendra V. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unds. On the basis of the memo and an endorsement issued by the Bank, the complainant had caused legal notice to the accused dated 19.07.2007 and the same was sent through ordinary post, RPAD as well as through courier on 21.07.2007. However, the legal notice sent through RPAD was returned unserved as not claimed and the notice sent through courier was returned unserved for the reason parties shifted . The accused neither complied with the demand made under the statutory notice nor paid the cheque amount. Therefore, the complainant filed a private complaint against the accused for the offence punishable under Section 138 of the NI Act. On issue of process, the accused appeared before the Trial Court and pleaded not guilty and claimed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as produced by the complainant as at Exhibits P-1 to P-11. Exhibit P- 1 is the cheque, Exhibit P-2 is the on demand promissory note, Exhibit P-4 is the Bank endorsement, Exhibit P-5 is the account statement, Exhibit P-6 is the copy of the legal notice, Exhibit P-8 is the UCP for having issued notice, Exhibit P-9 is the receipt and Exhibits P-10 and P-11 are the returned postal covers. His contention is that based upon the evidence placed by PW-1 and also the documents as produced by the complainant in order to establish the case, the Trial Court in C.C.No.24880/2007 has appreciated the evidence and has rightly come to the conclusion that the complainant has not established the guilt of the accused. Therefore, the Trial Judge had acq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has been a conviction or an acquittal. In the case of conviction, an appeal would lie to the Court of Sessions under Section 374(3)(a) Cr.PC; thereafter a revision to the High Court under Sections 397/401 Cr.PC and finally a petition before the Supreme Court, seeking special leave to appeal under Section 136 of the Constitution of India. Thus, in case of conviction there will be four levels of litigation. In the case of acquittal by JMFC, the complainant could appeal to the High Court under Section 378(4) Cr.PC and thereafter for special leave to appeal to the Supreme Court under Article 136. In such an instance, therefore, there will be three levels of proceedings . 6. Since it was a case of acquittal judgment passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was true and that the accused was bound to make the payment as had been agreed while issuing the cheque in favour of the complainant. 8. Having regard to the legal position, I find that 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. Therefore, there is substance in the contention of the learned counsel for the appellant for interference of the impugned judgment passed by the First Appellate Court for having reversed the judgment of conviction held by the Trial Court in C.C.No.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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