Criminal Procedure Code, 1973
Section 401(3)—High Court’s power of revision—High Court does not have the authority to convert a finding of acquittal into one of conviction while exercising its Revisional Power.
[Para 6]
Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—High Court’s power of revision—Order of conviction passed by trial court reversed by Appellate Court and accused was acquitted—When the matter was taken in revision before the High Court, the High Court had reversed the Appellate Court’s acquittal order and ordered conviction for the appellant—Appeal—High Court does not have the authority to convert a finding of acquittal into one of conviction while exercising its Revisional Power—Impugned decision of the High Court is found to be unsustainable—If the High Court was convinced about a wrongful acquittal, the High Court in revision could not have ordered for conviction—It ought to have remitted the matter back to the Appellate Court to re-appreciate the matter.
[Paras 6 to 8]