TUSHAR Vs. RAJU @ NAGARAJ

JUDGEMENT

(1.) This revision is filed against the judgment of acquittal passed by the I Additional Sessions Judge, Kalaburagi, in Crl.A.No.90/2011. The records disclose that the respondent herein was prosecuted by the petitioner herein for the offence under Sec. 138 of the Negotiable Instruments Act and in CC No.495/2008 on the file the III Additional Civil Judge and JMFC Gulbarga. The learned Magistrate has convicted the accused for the offence under Sec. 138 of the N.I. Act and in the appeal, the learned Sessions Judge has reversed the said order by acquitting the accused.

(2.) Against the judgment of acquittal order of the learned Sessions Judge, this revision is filed. Sec. 401 of Cr.P.C. reads as under:

(3.) Sub-clause 3 of Sec. 401 of Cr.P.C. defines the powers of the Revisional Court and mandates that in no circumstances, a judgment of acquittal can be converted into judgment of conviction. Under such circumstances, this revision itself is not maintainable.