P.D.RAJAN
Shaji Jacob – Appellant
Versus
Shaji P. V. – Respondent
P.D. RAJAN, J.
1. The main challenge in this petition under section 482 of the Code of Criminal Procedure (for short 'Code') is that whether a revision is maintainable before a Sessions Judge against the order of acquittal in a case instituted upon a complaint? Petitioner contended that no revision will lie before a Sessions Court after the acquittal of the accused under Section 256 (1) of the Code in a private complaint and the direction of the Sessions Judge to take back the case on file and to proceed the case as per law is without any jurisdiction.
2. Petitioner filed this petition under Section 482 of the Code to quash the order in Crl.R.P.No.157/2009 of the Sessions Judge, Pathanamthitta. The above revision was preferred against the order in S.T. No.897/2008 of the Judicial First Class Magistrate Court-II, Pathanamthitta, which was filed for offence under Section 138 of the Negotiable Instruments Act. The petitioner who is the accused in the above case contended that the complainant was absent for several days in the trial court, and the complaint was dismissed by the learned magistrate and the accused was acquitted invoking Section 256 (1) Code. Against that, the first
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