THOMAS MANI Vs. G.SHANKAR

JUDGEMENT

(1.) This revision petition is filed by the petitioner being aggrieved by the judgment and order dtd. 4/5/2016 passed in Crl.A.No.166/2013 on the file of VIII Addl. District and Sessions Judge, Mysuru sitting at Hunsuru wherein the Appellate Court dismissed the appeal has not maintainable against the acquittal order dtd. 16/5/2013 passed in C.C. No. 106/2007 by the Trial Court.

(2.) The appellate Court while dismissing the appeal as not maintainable relying on the judgment of this Court passed by the Co-ordinate Bench in Crl.P.No.6074/2014 held that the complainant under provisions of Sec. 142 of N.I. Act and victim under Sec. 2(wa) of Cr.P.C., are not one and the same. Therefore, held the said appeal was not maintainable.

(3.) In this context, it is relevant to refer Sec. 378 (1) and (4) which reads as under: