Case Note & Summary
The applicant, M/s. Top Notch Infotronix (I) Pvt. Ltd., filed an application under Section 378(4) of the Code of Criminal Procedure, 1973 (CrPC) seeking leave to appeal against an order of acquittal passed by the learned Judicial Magistrate, First Class (24th Court), Nagpur in Summary Criminal Case No.13119/2008. The case involved a complaint under Section 138 of the Negotiable Instruments Act, 1881. The respondent, M/s. Infosoft Systems and others, were acquitted by the trial court. The applicant, being the complainant, sought to appeal against the acquittal before the High Court. However, the respondent raised a preliminary objection regarding the maintainability of the appeal before the High Court. The respondent argued that by virtue of the proviso to Section 372 CrPC, inserted by the Code of Criminal Procedure Amendment Act, 2008 (effective from 31st December 2009), the victim has a right to appeal against an order of acquittal, and such appeal shall lie to the court to which an appeal ordinarily lies against the order of conviction of such court. The term 'victim' is defined in Section 2(wa) CrPC to include a person who has suffered loss or injury due to the act or omission of the accused, and includes his guardian or legal heir. The respondent contended that the complainant in a complaint case is a victim and thus the appeal should lie to the Sessions Court, as appeals against conviction under Section 138 of the Negotiable Instruments Act lie to the Sessions Court. The court considered the preliminary objection and held that the proviso to Section 372 CrPC read with Section 2(wa) clearly applies to the complainant as a victim. Since the offence under Section 138 of the Negotiable Instruments Act is triable by a Magistrate and appeals against conviction lie to the Sessions Court, the appeal against acquittal by the victim must also be filed before the Sessions Court. Consequently, the application for leave to appeal before the High Court was not maintainable. The court dismissed the application as not maintainable, leaving the applicant to approach the appropriate forum.
Headnote
A) Criminal Procedure Code - Right of Victim to Appeal - Forum for Appeal - Section 372 proviso, Section 2(wa) CrPC - The proviso to Section 372 CrPC, inserted by the Code of Criminal Procedure Amendment Act, 2008, confers a right on the victim to appeal against an order of acquittal. The term 'victim' under Section 2(wa) includes a complainant in a complaint case. The appeal lies to the court to which an appeal ordinarily lies against the order of conviction of such court. For an offence under Section 138 of the Negotiable Instruments Act, 1881, the appeal against conviction lies to the Sessions Court. Therefore, an appeal against acquittal by the complainant/victim also lies to the Sessions Court, not the High Court. (Paras 1-3)
Issue of Consideration
Whether the appeal against acquittal in a complaint case under Section 138 of the Negotiable Instruments Act, 1881, filed by the complainant as a victim, lies to the High Court under Section 378(4) CrPC or to the Sessions Court under the proviso to Section 372 CrPC.
Final Decision
The application for leave to appeal is dismissed as not maintainable before the High Court. The applicant is at liberty to approach the appropriate forum (Sessions Court) in accordance with law.
Law Points
- Right of victim to appeal against acquittal
- Forum for appeal by complainant in complaint case under Section 138 NI Act
- Interpretation of 'victim' under Section 2(wa) CrPC
- Applicability of proviso to Section 372 CrPC
