2013 (2) TMI 841 - HC - Indian Laws

Application for Special Leave to Appeal in the High Court under Section 378(4) Cr.P.C. - Judgement of acquittal in a complaint case can only be assailed by way of filing an application for Leave to Appeal

Summary

Issues:
- Application for Leave to Appeal against the order of acquittal under Section 138 of the Negotiable Instruments Act.
- Objection regarding the application being barred by limitation.
- Preliminary objection raised on the maintainability of the Leave to Appeal in the High Court.
- Conflict between decisions of different Single Benches regarding the appeal process against judgments of acquittal in complaint cases.
- Interpretation of legal provisions under Section 378(4) of the Code of Criminal Procedure.

Analysis:

1. The judgment deals with an application for Leave to Appeal filed against an order of acquittal under Section 138 of the Negotiable Instruments Act. The appellant challenged the order passed by the Special Judicial Magistrate acquitting the respondent from the offense. Initially, an appeal was filed in the Sessions Court, but later withdrawn to file the instant application in the High Court.

2. An objection was raised regarding the application being barred by limitation, leading to the filing of an application under Section 5 of the Limitation Act for condonation of delay. The objection was duly noted, and notice was issued to the respondents.

3. A preliminary objection was raised by the respondent's counsel, arguing that according to a previous decision, an application for Leave to Appeal is not maintainable in the High Court against a judgment of acquittal in a complaint case under Section 138 of the N.I. Act. This objection was based on the interpretation that the complainant should file an appeal under Section 372 Cr.P.C. in the Sessions Court.

4. The conflicting decisions of different Single Benches were brought into light, where one held that an appeal against the judgment of acquittal can only be made under Section 378(4) Cr.P.C., while the other suggested filing an appeal under Section 372 Cr.P.C. The appellant's counsel argued that the latter judgment was passed without considering the earlier decision and, therefore, should not be considered good law.

5. The High Court considered the arguments presented and referred to a judgment by the Hon'ble Apex Court in the case of Subhash Chand v. State, which clarified that an appeal against the judgment of acquittal in a complaint case can only be made by filing an application for Special Leave to Appeal in the High Court under Section 378(4) Cr.P.C., not in the Sessions Court.

6. Based on the authoritative pronouncement of the Hon'ble Apex Court, the High Court rejected the preliminary objection raised by the respondent's counsel, affirming that the application for Leave to Appeal against the order of acquittal passed by a Magistrate in a complaint case is maintainable before the High Court. The matter was listed for further orders.