Querist :
Anonymous
(Querist) 14 July 2011
This query is : Resolved
Dear Counsels,
A complaint under sec138 of Negotiable instruments act before lower court has been acuitted because of the complainants absence.But when a revision is filed in sessions it has been restored.Does sessions court has the power to revise,when an appeal has to be placed before Highcourt.If so I would kindly like to know the citations for it.
Arvind Singh Chauhan
(Expert) 14 July 2011
Yes session court has power to revise.
Krishnamurthy Ramdas Iyer
(Expert) 14 July 2011
yes , the next higher court is sessions and hence maintainable
manoj r. dubey
(Expert) 14 July 2011
if the said revision filed by the complainant in the session court would have dimissed and he would have to prefer an appeal in high court. but if u r not happy with order than u can prefer an criminal appeal in H.C. asking for stay of the said order
Ravikant Soni
(Expert) 14 July 2011
I disagree with manoj dubey. In criminal cases appeal lies only in condition of acquittal and conviction. Such order of restoring trial by session's court is not appealable.
You can go under section 482 only//
Querist :
Anonymous
(Querist) 21 July 2011
will the revision in sessions maintainable for a private complaint? As for as I searched no judgement states that for a private complaint u/s 138 of Negotiable Intrument Act revision in sessions is not maintainable.But some Judges in rarest of rare cases has give liberty subject to provisions of law.can any one of u quote any judgement which states that a private complaint revision in sessions is maintainable?
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