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K. BABU
Rajan Thazhaye Unnampurath – Appellant
Versus
Anil Kumar, Valiyedathu Puthen – Respondent
ORDER :
The petitioner, the accused in C.C.No.908 of 2003 on the file of the Munsiff Magistrate’s Court, Paravur, seeks to recall the order convicting him by this Court exercising its revisional jurisdiction. Respondent No.1 filed a complaint against the petitioner alleging the offence under Section 138 of the Negotiable Instruments Act, 1881. The Trial Court convicted him. The petitioner challenged the conviction before the Sessions Court, Kollam, by filing Crl.A.No.350 of 2008. The Sessions Court acquitted the petitioner of the offence alleged.
2. The complainant challenged the acquittal in this revision petition under Section 401 Cr.P.C.
3. This Court on 15.12.2009 admitted the Revision Petition. As per order dated 04.04.2024, this Court convicted the accused and sentenced him to pay a fine of Rs.7,00,000/-.
4. I have heard the learned counsel for the petitioner, the learned counsel for respondent No.1 and the learned Public Prosecutor.
5. The learned counsel for the petitioner/accused submitted that the order converting a finding of acquittal into one of conviction exercising the power under Section 401 Cr.P.C. is without jurisdiction and therefore, the order is a nullity. The learn
A High Court cannot convert an acquittal into a conviction under Section 401 Cr.P.C., and such an order is a nullity, justifying its recall.
Revision – High Court does not have authority to convert a finding of acquittal into one of conviction while exercising its Revisional power.
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
The revisional jurisdiction of the High Court is extremely narrow and can only be exercised in exceptional cases where there is a manifest error of law or procedure, and the High Court cannot convert....
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....
VERY In exercise of revisional jurisdiction under Section 401 Cr.P.C., 1973 against an order of acquittal at the instance of informant, the court exercises only a limited jurisdiction and it should n....
A court cannot review its own judgment once signed, except to correct clerical errors, and inherent powers to recall judgments are limited to jurisdictional errors or violations of natural justice.
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