GAUTAMCHAND DAKLIYA Vs. PRAKASHCHAND BOTHRA

JUDGEMENT

(1.) By this revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'Code') the applicant has challenged the legality and propriety of the judgment dated 26.6.2013 passed by the Additional Sessions Judge (F.T.C.), Bastar at Jabdalpur, in Criminal Appeal No.44/09, reversing the judgment of conviction and order of sentence dated 12.11.2009 passed by the Chief Judicial Magistrate, Jagdalpur, in Criminal Complaint Case No.67/09, whereby the trial Court has convicted the non-applicant under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and sentenced to undergo R.I. for three months and fine of Rs.5000/-, in default of payment of fine to further undergo S.I. for one month.

(2.) I have heard learned counsel for the parties, perused the judgment impugned and judgment of the trial Court.

(3.) This is revision against the judgment of acquittal passed by the appellate Court in a complaint case i.e. not in police case on the ground that the trial Court has convicted and sentenced the non-applicant, but in exercise of appellate jurisdiction the appellate court has acquitted him.