TARKESHWAR SAHU Vs. AMIT LILHARE

JUDGEMENT

(1.) This Criminal Revision has been preferred under Sec. 397 and 401 of the Cr.P.C, being aggrieved by the judgment of acquittal dtd. 13/1/2023 passed by 8th Additional Sessions Judge, District Durg in Criminal Appeal no. 142/2022 arising out of order dtd. 28/9/2022 passed by the Judicial Magistrate First Class, Durg in Criminal case no. 35279/2018, whereby the learned Appellate Court has dismissed the appeal filed under Sec. 372 of the Cr.P.C by observing that in a complaint case filed under Sec. 138 of Negotiable Instrument Act, a complainant can file an application for special leave to appeal against an order of acquittal of any kind only to High Court by invoking the powers under Sec. 378 (4) of the Cr.P.C. Hence, this Criminal Revision has been preferred.

(2.) At the outset, learned counsel Shri Mukherjee would submit that he may be given the liberty to file special leave to appeal against the impugned judgment dtd. 28/9/2022 passed by the Judicial Magistrate First Class, Durg.

(3.) The other side has not opposed the said prayer.