RAM CHARAN SHARMA Vs. SUBHASH AND ORS.

JUDGEMENT

(1.) PRESENT criminal revision petition, at the hands of the complainant, is directed against the impugned judgment dated 1.7.2014 passed by the learned Sessions Judge, Faridabad, whereby his appeal against the impugned judgment of acquittal dated 4.3.2013 passed by the learned Judicial Magistrate 1st Class, Faridabad, was dismissed, upholding the acquittal of the respondent -accused.

(2.) NOTICE of motion was issued and pursuant thereto, learned counsel for respondent No. 1 as well as learned counsel for the State put appearance.

(3.) CHALLENGING the impugned judgment of acquittal passed by the learned Judicial Magistrate 1st Class, Faridabad, learned counsel for the petitioner contended that cogent and convincing evidence was brought on record, which was sufficient for recording the conviction of the accused, but the learned trial Judge failed to appreciate the evidence in correct perspective, because of which, the impugned judgment of acquittal has resulted in miscarriage of justice. Since the learned Sessions Judge dismissed the appeal of the petitioner not on merits but only on maintainability, serious prejudice was caused to the petitioner. In support of his contentions, learned counsel for the petitioner places reliance on a judgment of the Hon'ble Supreme Court in M/s. Haryana State Coop. Supply and Marketing Federation Ltd. v. M/s. Haryana State Coop. Supply and Marketing Federation Ltd.,, 2014 (2) RCR (Crl.) 532. He prays for setting aside the impugned appellate judgment dated 1.7.2014 and remanding the case to the learned Sessions Judge, directing him to decide the case on merits, by allowing the present petition.