2011 (1) TMI 1521 - HC - Indian Laws

Summary

Issues involved: Jurisdiction of appellate court u/s 378(4) of Cr.P.C.

Summary:

Issue 1: Jurisdiction of appellate court u/s 378(4) of Cr.P.C.
The appeal was filed by the complainant against the order of acquittal in the Court of Sessions, Udaipur, which was then transferred to the Court of Addl. Sessions Judge No. 1 Udaipur. The revision petition was filed as the trial court had acquitted the respondent for the offence u/s 138 of the Negotiable Instrument Act. The Addl. Sessions Judge No. 1 Udaipur remanded the case to the trial court, leading to the filing of the revision petition. The petitioner argued that as per Section 378(4) of the Cr.P.C., the private complainant can only appeal in the High Court, and the State Government can appeal in the District Court against an order of acquittal. The petitioner contended that the Addl. Sessions Judge No. 1 Udaipur had no jurisdiction to entertain such appeals under Section 378(4) of the Cr.P.C., making the order dated 12.10.2010 illegal, improper, or perverse and requiring it to be set aside.

Issue 2: Judgment
Upon reviewing the impugned judgment, the trial court's judgment, and the provisions of Section 378(4) of the Cr.P.C., it was found that the Addl. Sessions Judge No. 1 Udaipur did not have jurisdiction to entertain the appeal filed by the complainant against the order of acquittal. The order dated 12.10.2010 passed by the Addl. Sessions Judge No. 1 Udaipur was deemed unsustainable. Consequently, the revision petition filed by the petitioner was allowed, and the impugned order dated 12.10.2010 was set aside.