ORDER

1. Leave granted.

2. Heard Mr. Tripurari Ray, learned counsel appearing for the appellant. The respondent (complainant) is represented by Mr. Mahesh Thakur, learned counsel.

3. On the basis of the complaint filed by the respondent, proceedings were drawn up under Section 138 of the Negotiable Instruments Act, 1881 and the learned trial court ordered for conviction of the appellant. On appeal, the trial court’s judgment was reversed and the accused was acquitted. When the matter was taken in Revision before the High Court, under the impugned judgment, the High Court had reversed the appellate Court’s acquittal order and ordered conviction for the appellant.

4. The learned counsel for the appellant would firstly submit that the High Court has limited power of Revision under Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C’). More importantly, under sub-section (3) of Section 401, the High Court is not competent to convert a finding of acquittal into one of conviction.

5. The learned counsel for the respondent (complainant) in his turn submits that this was a case which merited conviction of the appellant and therefore the High Court’s order