2016(2) CIVIL COURT CASES 717 (S.C.)
SUPREME COURT OF INDIA
PINAKI CHANDRA GHOSE & AMITAVAROY, JJ.
Criminal Appeal Nos.184 of 2016 (Arising out of SLP(Criminal) No.6209 of 2011), D/ 29.02.2016.
VKBhat
Vs GRavi Kishore & Anr.
Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256—Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C.
Having held as above the court granted permission to complainant to pursue remedy of appeal as the revision filed by the complainant was not and only appeal was maintainable.
"9. Accordingly, we set aside the order passed by the Metropolitan Sessions Judge, Nampally in Second Revision Petition as well as the judgment passed by the High Court upholding the same. We do not intend to give any further comments in the matter.
10. However, observing the amount involved in this case, we only grant liberty to respondent No.l to take such steps as may be advised, in accordance with the provisions available in law and to proceed with the matter before the appropriate forum within a period of two weeks from the date of receipt of copy of this order.
11. The appeal is, accordingly, allowed."
SUPREME COURT OF INDIA
PINAKI CHANDRA GHOSE & AMITAVAROY, JJ.
Criminal Appeal Nos.184 of 2016 (Arising out of SLP(Criminal) No.6209 of 2011), D/ 29.02.2016.
VKBhat
Vs GRavi Kishore & Anr.
Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256—Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C.
Having held as above the court granted permission to complainant to pursue remedy of appeal as the revision filed by the complainant was not and only appeal was maintainable.
"9. Accordingly, we set aside the order passed by the Metropolitan Sessions Judge, Nampally in Second Revision Petition as well as the judgment passed by the High Court upholding the same. We do not intend to give any further comments in the matter.
10. However, observing the amount involved in this case, we only grant liberty to respondent No.l to take such steps as may be advised, in accordance with the provisions available in law and to proceed with the matter before the appropriate forum within a period of two weeks from the date of receipt of copy of this order.
11. The appeal is, accordingly, allowed."
