C.V.THAMBIDURAI Vs. A.NATARAJAN

JUDGEMENT

(1.) For the sake of convenience, the appellant and the respondents are referred to as complainant and accused.

(2.) The complainant initiated a prosecution in C.C.No.630 of 2007 against the accused for an offence under Sec. 420 IPC, in which, the accused was acquitted by the Judicial Magistrate No.VII, Coimbatore on 28/10/2013, aggrieved by which, the complainant has filed the present appeal against acquittal and has also obtained leave.

(3.) During the pendency of this case, a Full Bench of this Court in S.Ganapathy v. N.Senthilvel [(2016) 3 MLJ (Crl.) 641 (FB)], has held that a private complainant is a victim and therefore, his remedy against acquittal of the accused is under Sec. 372 Cr.P.C.