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DEEPAK KUMAR TIWARI
Tarkeshwar Sahu – Appellant
Versus
Amit Lilhare – Respondent
JUDGMENT :
Deepak Kumar Tiwari, J.
This Criminal Revision has been preferred under Section 397 and 401 of the Cr.P.C., being aggrieved by the judgment of acquittal dated 13.01.2023 passed by 8th Additional Sessions Judge, District Durg in Criminal Appeal No.142/2022 arising out of order dated 28.09.2022 passed by the Judicial Magistrate First Class, Durg in Criminal case No.35279/2018, whereby the learned Appellate Court has dismissed the appeal filed under Section 372 of the Cr.P.C. by observing that in a complaint case filed under Section 138 of Negotiable Instrument Act, a complainant can file an application for special leave to appeal against an order of acquittal of any kind only to High Court by invoking the powers under Section 378 (4) of the Cr.P.C. Hence, this Criminal Revision has been preferred.
2. At the outset, learned counsel Shri Mukherjee would submit that he may be given the liberty to file special leave to appeal against the impugned judgment dated 28.09.2022 passed by the Judicial Magistrate First Class, Durg.
3. The other side has not opposed the said prayer.
4. The seminal question is that whether the appeal against acquittal in prosecution for the offence punishabl
An appeal against acquittal under Section 138 of the Negotiable Instrument Act lies to the High Court under Section 378(4) of the Cr.P.C.
The complainant's right to appeal against acquittal lies under Section 378(4) Cr.P.C. only before the High Court with special leave. The Sessions Court does not have the jurisdiction to entertain an ....
The complainant must obtain special leave to appeal against an acquittal under Section 378(4) of the Cr.P.C., distinguishing their rights from those of victims, who have a statutory right to appeal w....
The main legal point established in the judgment is the jurisdiction of the Sessions Judge's Court to pass judgment on the appeal filed by the complainant and the maintainability of the appeal, which....
In cases instituted on a complaint, the proper legal recourse for a complainant to challenge an acquittal is through an application for special leave to appeal under Section 378(4) of the Cr.P.C., no....
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