9911796707
TMI Blog2015 (2) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... ctional Sessions Court under proviso to Section 372 of Cr.P.C.? - Held that: - the word "complainant" under Proviso to Section 142 of N.I.Act and "the victim" under Section 2(wa) of Cr.P.C. are not one and the same - appeal filed under Proviso to Section 372 of Cr.P.C., is not maintainable - petition allowed - decided in favor of petitioner. - CRIMINAL PETITION No.6072/2014 - - - Dated:- 24-2-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es an offence under Section 138 triable by a Judicial Magistrate, First Class (JMFC). After trial, the progression of further legal proceedings would depend on whether there has been a conviction or an acquittal. In the case of conviction, an appeal would lie to the Court of Sessions under Section 374(3)(a) Cr.PC; thereafter a revision to the High Court under Sections 397/401 Cr.PC and finally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Krishnakumar and Ors. 2013(3) RLW 2099 (Raj) - Gulab Singh Vs.Ashok Kumar 2013(4) RLW 3339 (Raj) - Porwal Trading Corporation vs. M/s.Global Syntex ILR 2013 Kar 4234 - Sri Prakash Gandhi vs. Sri.T.G.Veeraprasad and others Acquittal Appeal (DB) No.04/2013 passed on 15-04- 2013 in Mahesh Kumar Sinha vs. The State of Jharkhand 2014(2) ALD (Cri) 900- Petta Satya Govinda vs. Yarlagadda Vijaya Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lainant satisfies the Court that he had sufficient cause for not making a complaint within such period]. 6. Therefore, the word complainant under Proviso to Section 142 of N.I.Act and the victim under Section 2(wa) of Cr.P.C. are not one and the same. In view of this, I am of the considered opinion that appeal filed under Proviso to Section 372 of Cr.P.C., is not maintainable. 7. The pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
