TaxTMI 
TaxTMI 
2022 (3) TMI 315
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....ent petition under Section 482 of the Code of Criminal Procedure for quashing of impugned order dated 18.01.2022 (Annexure P-6) passed by learned Sessions Judge, Sirsa whereby order of dismissal of complaint No. NACT-223/2018 under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') has been set aside and the petitioner has been summoned to face trial after his acquittal in the said complaint case. The petition has been filed on the averments that the complainant firm filed complaint under Section 138 of the Negotiable Instruments Act alleging that the petitioner had taken loan of Rs. 5,50,000/- in the year 2017 and the petitioner defaulted in payments of his installments and in order to discharge his legal/d....
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....submitted that the case under Section 138 of the N.I. Act is a complaint case of summons trial and if the case is dismissed in default then it results into acquittal of the accused and the remedy to file an appeal for that lies before the High Court as enumerated in Section 378(4) Cr.P.C. The petitioner has been forced to re-tried for the offence in which he was legally acquitted and the impugned order dated 18.01.2022 (Annexure P-6) passed by learned Sessions Judge, Sirsa is a nullity and void ab initio. In support of his arguments, learned Counsel for the petitioner by way of CRM-5772-2022 has placed on record judgments passed by Hon'ble Apex Court in 'Subhash Chand Vs. State (Delhi Administration)' 2013 (1) R.C.R. (Criminal) ....
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....n instance, therefore, there will be three levels of proceedings. In case Ramanjit Singh (Supra), it was held as under:- 10 ........ It is well settled principle of law that dismissal of a complaint in default of appearance of the complainant amounts to acquittal of the accused under Section 256 Cr.P.C. and, therefore, the revision before the Court of Sessions was not maintainable as the complainant had a right to file an appeal under Section 378(4) Cr.P.C., thus, the impugned order dated 13.08.2015 passed by the Additional Sessions Judge, Ludhiana is liable to be set-aside on the ground of non-maintainability of the revision petition. Section 378 of the Cr.P.C., reads as under:- "378. Appeal in case of acquittal. ....
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....Session in revision.] (3)[No appeal to the High Court] under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of' acquittal is passed in any case instituted upon Complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date....