9911796707
TMI Blog2019 (2) TMI 2077X X X X Extracts X X X X X X X X Extracts X X X X ..... to entertain the said appeal or not. The Court gets jurisdiction only if the said Court is having an authority to pass such orders. In that light, the said contention does not stand and the same is rejected. The main contention taken by the learned counsel for the petitioner is that against the order of acquittal, an appeal lies before this Court and as such the said order is nullity. On close reading of the Section 378(b) of Cr.P.C., it clarifies that against an order of acquittal, an appeal lies before the High Court. The admitted fact is that an appeal has been preferred before the District Court and the same has been entertained. Under such circumstances, the order passed is a nullity and the same is unsustainable in law. It is su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anch, Bengaluru. When the complainant presented the said cheque for encashment, it was dishonored with a shara account closed on 27.11.2008. A notice came to be issued to the accused as contemplated under Section 138 of Negotiable Instruments Act, 1881 ('the N.I. Act' for short) and the said notice was also returned as 'not claimed'. Thereafter, the complainant lodged a complaint under Section 200 of Cr.P.C. Thereafter, on appearance of the accused and on recording the evidence of the complainant, the Court below acquitted the accused for the offence punishable under Section 138 of N.I. Act. 4. Being aggrieved by the said order, the complainant preferred an appeal in Criminal Appeal No. 195/2013 before the Fast Track Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pated in all the trial and at that time, he has not raised a single finger by saying the Court is not having any jurisdiction and now at this belated stage, he cannot contend that the Court below was not having any jurisdiction while passing the impugned order. On these grounds, he prays to dismiss the appeal. 8. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties. 9. It is the contention of the learned counsel for the respondent that though the petitioner-accused has participated in the proceedings effectively and has not raised a single finger about the jurisdiction, now he cannot contend that the Court below was not having any jurisdiction. 10. It is well settled pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1[the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal - (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
