ASHOK KUMAR Vs. JAGDISH RAM

JUDGEMENT

(1.) Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 9.2.2012.

(2.) Learned counsel for the petitioner has submitted that the respondent had filed the complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) with regard to dishonour of cheque dated 20.10.2006 in the sum of Rs. 3,00,000/-. The said complaint was dismissed by the Trial Court vide order dated 18.2.2008. Respondent challenged the said order by way of an appeal and the Appellate Court allowed the appeal and remanded the case to the Trial Court for a fresh decision vide impugned order dated 9.2.2012. Learned counsel for the petitioner has further submitted that the appeal could have been filed only before this Court and the appeal filed by the respondent before the Sessions Court was not maintainable. In support of his arguments, learned counsel has placed reliance on 'Subhash Chand v. State (Delhi Administration), 2013 1 RCR(Cri) 1013' wherein it was held as under:-

(3.) The present case relates to a complaint under Section 138 of the Act. As per Section 378 (4) Cr.P.C., the complainant could have approached this Court seeking leave to appeal against the order of acquittal passed by the Trial Court. However, the appeal filed by the respondent before the Sessions Court was not maintainable.