BHAGWATI STONE CRUSHER Vs. SHEIKH NIZAM MANSOORI

JUDGEMENT

(1.) Appellant has filed this criminal appeal being aggrieved by order dated 04/05/18 contained in Annexure-1passed in Complaint Case No.30/16 by Judicial Magistrate First Class, Jabalpur, M.P. By said order complainant has not paid the process fee therefore complaint of appellant was dismissed under Section 204(4) of Code of Criminal Procedure.

(2.) The order passed by Judicial Magistrate First Class was challenged before Additional Sessions Judge, Jabalpur in Criminal Revision No.13/19. Learned session judge held that dismissal of complaint under Section 204(4) of Code of Criminal Procedure will amount to acquittal under Section 256 of Code of Criminal Procedure. It was further held by the Court that if accused is acquitted in complaint case then there is provision of appeal under Section 378(4) of Code of Criminal Procedure before the High Court. In view of the same, criminal revision filed by the appellant is not maintainable and same was dismissed.

(3.) Appellant has filed this appeal under Section 378(4) of Code of Criminal Procedure as leave to appeal against the order passed by Judicial Magistrate First Class, Jabalpur. As per Section 378 of Code of Criminal Procedure, if an order of acquittal is passed in the complaint case then if High Court grants special leave to appeal from order of acquittal then complainant may present such an appeal to the High Court.