TRILOK SINGH GANDHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed under Section 378(4) Cr.P.C. against the judgment and order dated 19.12.2014 passed by the learned Special Judicial Magistrate First, Dehradun in complaint case no.252/2012, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi", under Section 138 N.I. Act as well as revisional order dated 21.08.2015 passed by learned District and Sessions Judge, Dehradun in Criminal Revision No.18 of 2014, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi"

(2.) Factual matrix of the case is that, the appellant-Trilok Singh Gandhi filed a complaint case no.252/2012, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi", under Section 138 N.I. before Chief Judicial Magistratae, Dehradun, in which the respondent was summoned under Section 138 N.I. Act and accordingly the complainant had produced two witnesses. Thereafter, statement of accused was recorded under Section 313 Cr.P.C. on 23.05.2014. When the matter was fixed on 19.12.2014 for recording the evidence, on that day the accused was present while the complainant was absent. Ultimately, the complaint was dismissed in default for want of prosecution. Aggrieved by the order, the complainant filed Criminal Revision No.18 of 2014, "Trilok Singh Gandhi Vs. Sri Ravi Rai Rathi" before the Sessions Judge, Dehradun which was transferred to Additional Sessions Judge, Dehradun.

(3.) After hearing both the parties, the 1st Additional Sessions Judge, dismissed the revision on the ground that since, the appeal under Section 378 Cr.P.C. is maintainable against the acquittal no revision is maintainable. Aggrieved by it, the present criminal appeal under Section 378(4) Cr.P.C. has been filed. An application for special leave to appeal was also filed by the appellant along with the appeal. The leave was granted by the Co-ordinate Bench of this Court on 22.11.2017.