OMANAJOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) These Criminal Revision Petitions were referred to the Division Bench in the light of conflicting decisions of this Court in Sree Gokulam Chit and Finance Co. (P) Ltd., Kasaragod v. Damodaran N. and another, 2013 3 KerLJ 3and Shibu Joseph and others v. Tomy K.J. and others, 2013 4 ILR(Ker) 866 , on the question whether an appeal would lie to the Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure against acquittal of the accused in a case under Section 138 of the Negotiable Instruments Act. In Sree Gokulam Chit's case, a learned single Judge of this Court held that an appeal would not lie before the Sessions Court and it would lie only before the High Court under Section 378(4) of the Code of Criminal Procedure. In Shibu Joseph's case, another learned single Judge held that the complainant in a complaint under Section 138 of the Negotiable Instruments Act, being a victim as defined in Section 2 (wa) of the Code of Criminal Procedure, is entitled to file an appeal before the Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure challenging an order of acquittal. In Shibu Joseph's case, the learned single Judge referred to the decision in Sree Gokulam Chit's case. However, that decision was not followed on the ground that "the various provisions regarding the rights conferred on the victim were not considered" in Sree Gokulam Chit's case.

(2.) When these Criminal Revision Petitions came up before the learned single Judge who decided Sree Gokulam Chit's case, the Revisions were referred to the Division Bench as per the order dated 9.12.2013.

(3.) In the present Criminal Revision Petitions, the complaint cases under Section 138 of the Negotiable Instruments Act were disposed of by the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam and the accused were acquitted. On appeal by the complainants before the Sessions Court, the acquittal was confirmed. The complainants in the cases have filed the Criminal Revision Petitions.