Appeal against acquittal in a complaint case lies only to the High Court on special leave, not the Sessions Court.

In a complaint case, an appeal against acquittal lies only under Section 378(4) CrPC before the High Court on special leave, not under Section 378(2) before the Sessions Court. The distinction between these sub-sections means a complainant cannot route a challenge to acquittal through the Court of Session in a case instituted on complaint. An appeal filed in the wrong forum is without jurisdiction, and any conviction or sentence passed in such proceedings is a nullity. The revisional challenge therefore succeeded, the Sessions Court conviction was set aside, and the trial court acquittal was restored.

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Issues: Whether an appeal against acquittal in a complaint case was maintainable before the Sessions Court under Section 378(2) of the Code of Criminal Procedure, 1973.

Analysis: The proceeding arose from a private complaint and the Magistrate's acquittal followed trial of offences alleged under the Central Excise law. Section 378(4) of the Code of Criminal Procedure, 1973 specifically governs an acquittal passed in a case instituted upon complaint and permits challenge only before the High Court on special leave. The distinction between sub-sections (1), (2) and (4) shows that a complainant in a complaint case cannot invoke Section 378(2) before the Court of Session. The prior authorities relied on by the respondent were held to be inapplicable on the facts. The conviction and sentence recorded by the Sessions Court, having been rendered in an appeal not maintainable in law, were treated as without jurisdiction and a nullity.

Conclusion: The appeal before the Sessions Court was not maintainable; the conviction and sentence passed by that court were liable to be set aside.

Final Conclusion: The revision succeeded, the appellate conviction was annulled, and the acquittal recorded by the trial court stood restored.

Ratio Decidendi: In a case instituted upon complaint, an appeal against acquittal lies only under Section 378(4) of the Code of Criminal Procedure, 1973 before the High Court on special leave, and not under Section 378(2) before the Sessions Court.

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