PARESH VASANTLAL MODI Vs. JAYSHREEBEN JITENDRABHAI MODI

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the judgment and order dated 31. 07. 2007 passed by the learned Addl. Sessions Judge, Bharuch in Criminal Revision Application No. 213 of 2006, whereby, the said application was allowed and the order dated 02. 09. 2006 passed by the learned 5th Addl. Sr. Civil Judge and J. M. F. C. , Bharuch in Criminal Case No. 4235 of 2002 was quashed and set aside.

(2.) THE facts in brief are that a criminal complaint u/s. 138 of the N. I. Act was filed by respondent no. 1 herein against the petitioner before the Court of learned C. J. M. , Bharuch being Criminal Case No. 4235/2002. The trial Court, after appreciating the evidence on record, acquitted the petitioner from the alleged offence, vide impugned judgment and order dated 02. 09. 2006. 2. 1 Against the said order, respondent no. 1 preferred Criminal Revision Application No. 213 of 2006 before the Sessions Court, Bharuch. The revisional Court, after hearing both the sides, allowed the said revision application by setting aside the order of acquittal passed by the trial Court. Being aggrieved by the said judgment, the petitioner has preferred this petition.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. It is a settled proposition of law that against an order of acquittal passed by a trial Court, appeal u/s. 378 (5) of the Cr. P. C. lies in this Court and that no revision is maintainable u/s. 401 (4) Cr. P. C. before the Sessions Court. Hence, the revisional Court ought not to have entertained Criminal Revision Application No. 213/2006 filed by respondent no. 1. Thus, the impugned judgment and order passed by the revisional Court, being contrary to the provisions of law, is required to be quashed and set aside.