Dismissed
Gunda Bhumaiah v. M.Satyanarayana
Telangana HCCRLRC/55/2011
Case brief
from the order text
What is this about?
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL…
What the court decided
AI extract
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL…
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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL REVISION CASE No.55 of 2011
JUDGMENT:
This Criminal Revision Case is directed against the judgment, dated 29.10.2009, passed by the learned Judicial Magistrate of First Class, Luxettipet, in C.C.No.557 of 2003, whereby the first respondent hereinaccused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.
This Court is of the view that this Revision itself is not maintainable for the reason that the petitioner herein filed the said complaint alleging an offence punishable under Section 138 of the Negotiable Instruments act. When the said complaint is dismissed and the accused is acquitted, the only remedy left open to the petitioner is to file an appeal against the order of acquittal, as provided for under Section 378 Cr.P.C., but not a Revision under Sections 397 and 407 Cr.P.C.
Accordingly, the Criminal Revision Case is dismissed as not maintainable.
___________________________________ JUSTICE GOPALA KRISHNA TAMADA
08th February, 2011 dr
3 issues framed by the court
Whether a revision under Sections 397 and 407 Cr.P.C. is maintainable after dismissal of a complaint under Section 138 of the Negotiable Instruments Act.
What is the appropriate remedy for the petitioner when the complaint is dismissed and the accused is acquitted.
Whether the petition under Criminal Revision Case No.55 of 2011 is maintainable.
3 provisions across 2 enactments
The State
The Accused
GOPALA KRISHNA TAMADA
As recorded by the court registry
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