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TMI Blog2021 (2) TMI 1341X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties contested the matter before the said FTC-VII and FTC-XIII, which matter also ended in acquittal of the accused. Therefore, there are judgments of acquittal by both the Trial Court as well by the Sessions Judge s Courts in the matter. Thus, in either way, the challenge, if any, the complainant intends to make against the impugned judgments of acquittal, can by no stretch of imagination be through a revision under Section 397 of the Cr.P.C. and it is only under Section 378(4) of the Cr.P.C. in the form of a criminal appeal. Considering the fact that despite there being a specific provision for challenging the acquittal order under Section 378 of the Cr.P.C., since the complainant once again initiated and proceeded on revision unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment of acquittal, the complainant in the Trial Court preferred two criminal appeals under Section 372 of the Cr.P.C. in Criminal Appeal No.868/2010 in C.C.No. 12614/2007 before the Court of City Fast Track (Sessions)Judge, Bangalore City (F.T.C.No.VII) (hereinafter for brevity referred to as the "FTC-VII") and Criminal Appeal No.870/2010 in C.C .No. 12499/2007 before the Court of Fast Track - XIII, Bangalore City (hereinafter for brevity referred to as the "FTC-XIII"). 3. The learned FTC-VII and FTC-XIII, after hearing both side, dismissed the criminal appeals by its judgments dated 30-07-2011 and 22-01-2013 respectively and confirmed the judgment of acquittal passed by the Trial Court. Aggrieved by the same, the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter was taken up again, learned counsel for the petitioner appearing through video conference relied upon an order passed by the co-ordinate bench of this Court in the case of Sri C. Shekar Vs. Smt. K. Saraswathi in Criminal Revision Petition No. 674/2015 dated 08-02-2019, by placing a photocopy of that order before this Court through his colleague who is physically present in the Court and submitted that, by virtue of the said order, the present revision petitions are maintainable. 6. A perusal of the said order would go to show that in the said case of Sri. C. Shekar Vs. Smt. K. Saraswathi (supra), the complaint filed by the complainant in C.C. No. 17243/2009 under Section 200 of the Cr.P.C. for the offence punishable under Section 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instead of approaching this Court under Section 378(4) of the Cr.P.C. However, both the parties contested the matter before the said FTC-VII and FTC-XIII, which matter also ended in acquittal of the accused. Therefore, there are judgments of acquittal by both the Trial Court as well by the Sessions Judge's Courts in the matter. Thus, in either way, the challenge, if any, the complainant intends to make against the impugned judgments of acquittal, can by no stretch of imagination be through a revision under Section 397 of the Cr.P.C. and it is only under Section 378(4) of the Cr.P.C. in the form of a criminal appeal. 8. It is at this juncture, learned counsel for the petitioner who also contended that he has been in search of another j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 of the Cr.P.C., instead of an appeal under Section 378(4) of the Cr.P.C., and more importantly, much time has been taken by the petitioner in his attempt claiming that he would convince the Court in the light of the judicial precedents that, the present revision petitions are maintainable, I am of the view that, by imposing cost, the prayer of the learned counsel for the petitioner for withdrawal of these two revision petitions with liberty to file criminal appeals be allowed. Accordingly, both these revision petitions stand disposed of, however, on a cost of ₹ 10,000/- (Rupees Ten Thousand Only) in total payable by the revision petitioner before the registry of this Court, within ten days from today. Subject to payment of cost as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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