2021 (1) TMI 1197

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....cating the matter by conducting fresh trial. 2. Criminal Appeal No.1256/2010 filed assailing the impugned judgment dated 17.07.2010 passed in Criminal Appeal No.790/2009 by the FTC-14 remanding the CC No.27553/2007 for fresh trial on merits and for adjudicating the matter by conducting fresh trial. 3. Heard Amicus Curiae Sri Subramanya P D for the appellant and learned Amicus Curiae Sri Amit Deshpande for the respondent and perused the records. 4. The appellant is the complainant before the trial Court. The respondent is the accused. 5. Since the parties in both appeals are same, they are referred to as per their rank and status before the trial Court for the sake of convenience. 6. The facts leading to these two appeals are ....

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....nt has preferred these appeals. 7. Having heard the submission of learned Amicus Curiae on both sides the point that arises for consideration is, "Whether the First Appellate Court was justified in setting aside the orders passed in C.C.No.27334/2007 and C.C.No.27553/2007 and remanding both the criminal cases for adjudication on merits?" 8. It is pertinent to note that as per the claim of the complainant/appellant he was entitled to receive the cheque amount of Rs. 90,000/- only. These two criminal cases filed by the complainant ended in compromise as per the joint memo filed by the parties. Admittedly, the complainant/appellant has received the cheque amount of Rs. 90,000/- from the accused. Thus the claim of the plaintiff h....

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....se such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction- (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or (ii) alter the finding, maintaining the sentence, or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence- (i) reverse ....