G.Girish,J.
The matter before us is a reference made by a learned Single Judge
who felt that the dictum laid down by a Division Bench of this Court in
Omana Jose and Another v. State of Kerala and Others1 required
some clarification on the point whether the right of the complainant to file
appeal against acquittal, under Section 378(4) of Code of Criminal Procedure,
in respect of offence under Section 138 of the Negotiable Instruments Act,
1881, equally applies to appeals against acquittals filed by complainants in
complaints relating to other offences as well.
2. The doubt in the above regard cropped up while two appeals
against the acquittal in private complaints relating to offences under Section
500 IPC, filed under the proviso to Section 372 Cr.PC, came up before the
learned Single Judge. The challenge raised by the respondents therein was
that the appeals ought to have been filed before the Sessions Court
concerned. The learned Single Judge, after analysing the proposition of law
[2014 (2) KHC 277]
Crl.A(V) Nos.24 of 2019 & 2
25/2019
in this regard on the precedents – particularly that of the decision of the Apex
Court in Mallikarjun Kodagali (Dead) through Legal Representatives
v. State of Karnataka And Others2 – observed in paragraph No.14 of the
Order dated 21-05-2024 as follows:
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