Punjab-Haryana High Court
M/S Sharma Engineering Corporation (P) ... vs Sh.Pawan Garg on 4 March, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Crl.Rev.No.1574 of 2001 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Revision No.1574 of 2001
Date of Decision: 4 - 3 - 2009
M/s Sharma Engineering Corporation (P) Ltd. .....Petitioner
v.
Sh.Pawan Garg .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.G.K.Khanna, Advocate for
Mr.Puneet Bali, Advocate
for the petitioner.
None for the respondent.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present revision petition has been filed by M/s Sharma Engineering Corporation (P) Ltd. against Pawan Garg, Director M/s Dynamic Motors (P) Limited, G.T. Road, Dholewal, Ludhiana.
Accused-respondent was tried by the Court of Judicial Magistrate Ist Class, Chandigarh who vide impugned judgment Annexure P-1 had acquitted the accused-respondent for the offence under Section 138 of the Negotiable Instruments Act.
Respondent-accused had allegedly issued the cheque on 25.10.1996.
Acquittal of the accused-respondent cannot be assailed by filing a revision petition. The remedy available to the petitioner was to approach this Court by filing application under Section 378(4) Cr.P.C. and Crl.Rev.No.1574 of 2001 [2] pray for leave to appeal. Applications for leave to appeal in 2001 when present revision petition was filed, as per High Court Rules and Orders were listed before Division Bench. The present revision petition against acquittal is not maintainable. Hence, dismissed.
( KANWALJIT SINGH AHLUWALIA ) March 4, 2009. JUDGE RC