S. 401 CrPC | High Courts Can't Convert Order Of Acquittal To Conviction Under Revision Jurisdiction : Supreme Court

The Supreme Court observed that the High Court while exercising a Criminal Revision jurisdiction under Section 401 Cr.P.C. (now Section 442 of BNSS) cannot order a decision of acquittal to conviction.

The Court said that if the High Court believes that the acquittal was wrong, then instead of reversing the acquittal it could have remanded back the matter for re-appreciation by the appellate court.

The bench comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti heard a matter where the High Court while exercising the criminal revisional jurisdiction had overturned the acquittal of an appellant to a conviction in a cheque dishonor matter without remanding a matter back to the appellate court for re-appreciation.

Based on the complaint filed by the respondent, proceedings were drawn up under Section 138 of the Negotiable Instruments Act, of 1881 and the trial court ordered for conviction of the appellant. On appeal, the trial court's judgment was reversed and the accused was acquitted. When the matter was taken in Revision before the High Court, under the impugned judgment, the High Court reversed the appellate Court's acquittal order and ordered conviction for the appellant.

Holding the approach of the High Court to be improper, the Court found the impugned decision of the High Court 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. This course was not adopted.”, the Court said.

Section 442(3) of BNSS [akin to Section 401(3) CrPC] states that the High Court does not have the authority to convert a finding of acquittal into one of conviction while exercising its Revisional power.

Accordingly, the Court deemed fit to remit the matter back to the Appellate Court for re-appreciation.

“Having considered the above, we deem it appropriate to remit the matter back to the appellate court i.e. the Additional District and Sessions Judge at Bengaluru Rural District, Anekal. Both parties should appear before the said Court within four weeks from today. An appropriate decision should then be rendered by the appellate court after considering the contention of the rival parties. It is ordered accordingly.”, the Court held.

Case Title: C.N. SHANTHA KUMAR VERSUS M.S. SRINIVAS

Citation : 2024 LiveLaw (SC) 660

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