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Judgment
T.V. Nalawade, J.—The proceeding is filed to challenge the judgment and order passed in Criminal Revision Application No. 22 of 1999, which was pending in the Court of Adhoc Additional Sessions Judge, Nandurbar. The Sessions Court has allowed the revision and set aside the order of acquittal made by the J.M.F.C., Navapur, District Nandurbar in S.T.C. No. 813 of 1997. S.T.C. No. 813 of 1997 was a private complaint filed for the offence punishable u/s 138 of the Negotiable Instruments Act. The Magistrate had acquitted the accused on merits. Both the sides are heard.
In view of the provisions of Sections 397, 401 read together, when appeal is provided, the Court is not expected to entertain the revision. Section 378(4) of the Code of Criminal Procedure provides appeal against the judgment and order of acquittal delivered in such a case by the J.M.F.C.
In view of these circumstances, the Sessions Court ought not to have entertained the revision. Such decision of the Sessions Court cannot sustain in law. In view of this position of law, this Court holds that the present proceeding deserves to be allowed.
In the result, the writ petition is allowed. The judgment and order of Criminal Revision Application No. 22 of 1999, which was pending in the Court of Adhoc Additional Sessions Judge, Nandurbar is hereby set aside.
The judgment and order of the J.M.F.C. delivered in S.T.C. No. 813 of 1997 is hereby restored. Rule is made absolute in aforesaid terms.