9911796707
TMI Blog2012 (10) TMI 1167X X X X Extracts X X X X X X X X Extracts X X X X ..... s been dismissed. The complaint case was filed by the complainants-petitioners before the Chief Judicial Magistrate, Ranchi for allegedly committing an offence under Section 138 of the Negotiable Instruments Act against the Opposite Party Nos. 2 to 4. There were several cheques which were given by the said opposite parties to the petitioners and they were dishonoured for want of sufficient fund in their bank accounts. 2. Counsel for the petitioners has submitted that though there is provision for statutory appeal under the newly inserted proviso to Section 372 of the Code of Criminal Procedure, as the petitioners are the complainants, they have preferred this appeal for grant of Special Leave to Appeal under Section 378(4) of the Code of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 136 of the Constitution of India is not granted. Similarly, counsel for the State has relied upon decisions rendered by the Full Bench of Hon'ble Patna High Court in Syed Zafrul Hassan vs. State (FB) reported in 1986 PLJR 274 that whenever there is a concurrent jurisdiction for grant of anticipatory bail i.e. both by the Sessions Court as well as by the High Court, normally the anticipatory bail applications should be preferred before the Sessions Court. In view of this analogy, it is submitted by the counsel for the State that in the facts of the present case, the parties are not remedyless. They have a right to prefer an statutory appeal against the very judgment of the Judicial Magistrate, Ranchi before the Sessions Court/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as the complainant and, therefore, they have remedy of Section 372 of the Code of Criminal Procedure available to them to file an appeal against the impugned judgment and order passed by the Judicial Magistrate, Ranchi, instead of preferring an application for granting Special Leave to Appeal under Section 378(4) of the Code of Criminal Procedure. 5. Having heard learned counsel for both the sides and looking to the preliminary objection raised by the A.P.P. it appears that the present appeal preferred under Section 378(4) of the Code of Criminal Procedure deserves to be dismissed mainly for the following reasons:-- (I) The present petitioners are the complainants as well as victims. They have preferred a complaint case under the Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 378(4) of the Code of Criminal Procedure for getting leave to appeal. Section 378(4) of the Code of Criminal Procedure reads as under:-- 378. Appeal in case of acquittal.- (1)... (2)... (3)... (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants, Special Leave to Appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5)... (6)... (Emphasis supplied) (VII) In view of the aforesaid subsection, the present application has been preferred for getting Special Leave to Appeal. We are not in agreement with the counsel for the petitioners mainly for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that after exhausting the said remedy, still if the petitioner is aggrieved, he can approach the higher forum. Thus, the petitioners are not remedyless. Moreover, the higher forum will have an advantage of one more judgment over and above, the judgment of lower Court on the point of facts and law. In a judicial hierarchy, instead of approaching directly higher forum, if law permits, always matter should be filed in lower forum. Against the judgment and order of learned single Judge of the High Court, whenever Letters Patent Appeal or any appeal, is tenable, normally Special Leave to Appeal under Article 136 of the Constitution of India is not granted. 6. Thus, in the facts and circumstances of the case, the victim and the complainant are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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