PARASRAM YADAV Vs. PRAVIN SONI

JUDGEMENT

(1.) The applicant has preferred this criminal revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (herein after referred to as the Code) against order dtd. 8/12/2015 passed by learned 12th Additional Sessions Judge, Indore (MP) in Criminal Appeal No.589/2015 and Criminal Appeal No.615/2015, whereby judgment dtd. 28/7/2015 passed by Judicial Magistrate First Class, Indore, District Indore (MP) in Criminal Case No.7893/2010 has been set aside; and the respondent / accused was convicted for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) According to the provisions of Sec. 378 (1) (b) of the Code, the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court, or an order of acquittal passed by the Court of Session in revision. Sec. 378 (4) of the Code provides that if such an order of acquittal is passed in any case, instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(3.) In the present matter, the applicant / complainant has not filed any application under Sec. 378 (4) of the Code for grant of leave to appeal against the judgment of acquittal passed by the Sessions Court in appeal. Therefore, the present revision application is not maintainable.