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IN THE HIGH COURT OF ALLAHABAD
RAJIV GUPTA, SAMIT GOPAL
Abhishek Mishra @ Pintu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SAMIT GOPAL, J.
1. A reference has been made by learned Single Judge in paragraph 13 of an order dated 13.03.2024 which reads as under:-
"13. In this view of the matter, judicial propriety demands that this matter be referred to a Larger Bench to decide these questions:
(i) Whether the dismissal of complaint u/s 138 of the Act, 1881 for want of prosecution will amount to acquittal u/s 256(1) Cr.P.C. and same can be challenged in appeal u/s 378(4) Cr.P.C. or is that order reviseable u/s 397 Cr.P.C.?
(ii) Whether the case of Vinay Kumar (supra) has been correctly decided by holding that against the dismissal of complaint u/s 138 of the Act, 1881, appeal lies u/s 378(4) Cr.P.C. not the revision?"
2. Vide order dated 18.04.2024 Hon’ble The Chief Justice has constituted the present Larger Bench in the matter.
3. Heard Shri Vijay Kumar Pandey, learned counsel for the applicant, Shri Sunil Vashishth, Holding Brief of Shri Ashok Kumar Gupta, learned counsel for the O.P. No.2 and Shri Shashi Shekhar Tiwari & Shri Jitendra Kumar Jaiswal, learned counsels for the State/O.P. No.1 and perused the records.
4. The entire issue before the learned Single Judge was of challenge of an order dated
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