Though a number of illegalities appear
to have been committed before the trial Court, it
does appear that the applicant ought to have a
right to challenge the order of acquittal passed
in respect of offence punishable under section 138
of the Negotiable Instruments Act by filing an
appeal, as contemplated under section 378(4) of
the Code of Criminal Procedure. When this aspect
of the matter is discussed, the learned counsel
for the applicant submits that, the applicant
would file an appeal challenging the order of
acquittal in the case that was instituted upon his
complaint. Needless to say that the applicant
shall be at liberty to do so.
In view of this, the Revision
Application is allowed to be withdrawn and
dismissed as such, with liberty to the applicant
to file an appeal challenging the order, in so far
as it relates to the acquittal in respect of the
offence punishable under section 138 of the
Negotiable Instruments Act.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 73 OF 2013
Usman S/o Rasul Tamboli
VERSUS
The State of Maharashtra
CORAM : ABHAY M. THIPSAY, J.
Dated: December 05, 2013
Citation; 2014 ALLMR (cri)1705 Bom
Heard the learned counsel for the
parties. By consent, admitted and decided finally.
2.
Because of the clubbing of the two
cases, one in respect of an offence punishable
under section 138 of the Negotiable Instruments
Act and the other in respect of an offence
punishable under section 420 of the Indian Penal
Code (IPC), a peculiar situation has arisen. The
case, in respect of the offence punishable under
section 420 of IPC, was instituted upon a police
report and apparently, on the applicant’s – who is
the original complainant – own application, the
case in respect of offence punishable under
section 138 of the Negotiable Instruments Act was
ordered to be merged with the case in respect of
offence punishable under section 420 of IPC. The
learned Magistrate, by his judgment and order
dated 12.07.2007, acquitted the accused i.e. the
respondent No.2 herein, in respect of both the
aforesaid offences.
Treating this acquittal to be an
acquittal in a case instituted upon police report,
the State of Maharashtra appealed to the Court of
Session, Osmanabad, but the learned Sessions
Judge, dismissed the appeal.
The State, apparently, has not taken any
steps after dismissal of the appeal, but now the
applicant, who is the original complainant, has
approached this Court by filing the present
The grievance of the applicant is that
3.
Revision Application.
the learned Sessions Judge has not considered,
whether or not, the case in respect of the offence
punishable under section 138 of the Negotiable
Instruments Act had been proved or not. In other
words, according to the applicant, the learned
Sessions Judge failed to examine the correctness
of the order of acquittal recorded by the
Magistrate with respect to the offence punishable
under section 138 of the Negotiable Instruments
Act.
4.
Though a number of illegalities appear
to have been committed before the trial Court, it
does appear that the applicant ought to have a
right to challenge the order of acquittal passed
in respect of offence punishable under section 138
of the Negotiable Instruments Act by filing an
appeal, as contemplated under section 378(4) of
the Code of Criminal Procedure. When this aspect
of the matter is discussed, the learned counsel
for the applicant submits that, the applicant
would file an appeal challenging the order of
acquittal in the case that was instituted upon his
complaint. Needless to say that the applicant
shall be at liberty to do so.
In view of this, the Revision
5.
Application is allowed to be withdrawn and
dismissed as such, with liberty to the applicant
to file an appeal challenging the order, in so far
as it relates to the acquittal in respect of the
offence punishable under section 138 of the
Negotiable Instruments Act.
( ABHAY M. THIPSAY, J. )
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