CRL A/433/2026 of R.Elizabeth Rani Vs K.G.Nagarajan on 28 September 2026

JUDGMENT

This criminal appeal has been filed challenging the judgment dated 11.11.2019 passed in Crl.A.No.217 of 2019 on the file of I Additional Sessions Judge, Coimbatore.

CRL A No. 433 of 2026

2. The background of the case is that the appellant faced with the trial on the private complaint filed by the respondent under Section 138 of the Negotiable Instruments Act in C.C.No.160 of 2016. By its judgment dated, 05.01.2019, the trial Court dismissed the complaint and acquitted the appellant.

3. Aggrieved by the acquittal, the respondent preferred an appeal before the I Additional District & Sessions Judge, Coimbatore in Crl.A.No.217 of 2019. By its judgement dated 11.11.2019, the Sessions Judge, allowed the appeal and reversed the judgment of acquittal. Challenging the conviction and the sentence imposed, the appellant herein has filed revision before this Court in Crl.R.C.No.1495 of 2019.

4. This Court vide order dated 22.06.2023, directed the Registry to convert the Criminal Revision Case into a Criminal Appeal and, accordingly, the criminal revision case was converted and renumbered as Crl.A.No.433 of 2026. It is pertinent to note that the issue is whether an appeal against an order of acquittal passed by a Magistrate in a private complaint has to be preferred before the Sessions Court or the High Court without leave petition was referred to a Full Bench of this Court in K.Rajalingam Vs. R.Suganthalakshmi, reported in 2020 SCC OnLine Mad 1052. The Full Bench issued comprehensive directions and held that an appeal against the order of acquittal

CRL A No. 433 of 2026 in a private complaint must be filed before the High Court with a leave petition. Consequently, if such an appeal is erroneously filed before the Sessions Court, the judgment passed by the Sessions Judge is deemed erased and nothing survives. The Full Bench further directed that any revision filed by a convicted person before the High Court under these circumstances must be converted into an appeal, and a transpose petition must be filed.

5. In accordance with the Full Bench Judgment in K.Rajalingam (cited supra), the complainant has to file a transpose petition and the Registry must convert the criminal revision case into criminal appeal. However, the present case is pending for service of notice. In the meantime, a transpose petition in Crl.M.P.No.18438 of 2026 has been filed by the accused.

7. Since the lower appellate Court’s order stands erased, the trial Court’s judgment in C.C.No.160 of 2016 stands fully restored as per decision in K.Rajalingam (supra). It is also submitted by the learned counsel for the appellant that since the appellant/accused is no longer an aggrieved party in the present appeal, there is no necessity to pursue this appeal and he filed a memo seeking withdrawal of the appeal.

8. Recording the memo, this Criminal Appeal is dismissed as withdrawn.

CRL A No. 433 of 2026 Consequently, connected miscellaneous petition are closed. Liberty is reserved for the complainant to file a fresh appeal against the acquittal before the appropriate forum with an appropriate petition, if he so desire. 28-09-2026 Jd Neutral Citation:Yes/No To

1. Judicial Magistrate FTC No.II @ ML, Coimbatore.

CRL A No. 433 of 2026 M.NIRMAL KUMAR J. jd CRL A No. 433 of 2026 28-09-2026