Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 378(4), 401(4) -- Acquittal by trial Court - Sessions Judge in revision convicted accused - Held, only an appeal against order of acquittal lies to High Court - No revision against such order is entertainable - Order passed by Sessions Judge is without jurisdiction - The same set..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 374(4) -- Acquittal by trial Court - Sessions Judge in revision convicted accused - Revision and not appeal is the remedy available - Appeal lies only if conviction is recorded by trial Court - Where conviction is recorded by Sessions Jude, not on trial, but in exercise of revisional..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Legal point as to limitation to entertain complaint - Not raised in trial Court - Same raised before revisional Court - Revisional Court decided the same - Held, when the Sessions Judge had opted to go into the question and rendered a decision, High Court is not correct to hold that the same could not be gone into by..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Interim order - Sole test is not whether such order is passed during the interim stage - The feasible test is whether by upholding the objections raised by a party, would it result in culminating the proceedings, if so any order passed on such objections would not be merely interlocutory in nature as envisaged in..........
Criminal Procedure Code, 1973, Section 397(2), 197 -- Revision - Sanction u/s 197 not obtained - Discharge sought on this ground - Trial Court dismissing petition holding issue would be decided after evidence - Revision against - Revisional Court quashing complaint - High Court holding revision could not have been entertained as order is interlocutory - Not correct - If..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Maintenance - Revision under S.125 Cr.P.C dismissed by Sessions Court - Second revision does not lie before High Court - Still the Court of Sessions being a Court subordinate to the High Court its proceedings are open to scrutiny in exercise of powers under Section 482 Cr.P.C...........
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 125, 397 -- Unless it is shown that Sessions Court's reasoning is perverse or has no foundation in evidence High Court would not in exercise of powers under Article 227 reappreciate evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(2) -- Dishonour of cheque - Complaint against several persons - Magistrate summoning some but declining to summon others - Order declining to summon - Final order - Subject to revisional jurisdiction of High Court...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Scope of powers - Jurisdiction is one of Supervisory Jurisdiction - Cannot be equated with power of an appellate Court - Ordinarily High Court cannot reappreciate evidence to come its own conclusion unless any glaring feature is brought to notice which would otherwise tantamount of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 204, 397 -- Order issuing process - Revision - Order issuing process is not purely interlocutory - It must be held to be intermediate or quasi final and, therefore, the revisional jurisdiction could be exercised against the same...........
