https://www.taxtmi.com/caselaws?id=436994 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. en-us Thu, 09 Mar 2023 00:00:00 +0530 Tue, 25 Apr 2023 22:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=436994 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. Case-Laws Central Excise Thu, 09 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=436994