2011 (5) TMI 1075 - HC - Indian Laws

Summary

Issues Involved:
1. Maintainability of applications seeking leave to file appeals u/s 378(4) of the Code of Criminal Procedure, 1973.
2. Applicability of the amended proviso to Section 372 of the Code of Criminal Procedure, 1973.

Summary:

Issue 1: Maintainability of Applications Seeking Leave to File Appeals u/s 378(4) of the Code of Criminal Procedure, 1973

The applicants, original complainants, filed complaints against the respondents (original accused) u/s 138 of the Negotiable Instruments Act (NI Act). The complaints were dismissed by the respective Judicial Magistrates, leading to the acquittal of the accused. Aggrieved by these judgments, the complainants sought leave to file appeals u/s 378(4) of the Code of Criminal Procedure, 1973 (the Code).

Issue 2: Applicability of the Amended Proviso to Section 372 of the Code of Criminal Procedure, 1973

The respondents' counsel objected to the maintainability of the applications, arguing that the amended proviso to Section 372 of the Code, introduced by the Code of Criminal Procedure (Amendment) Act 2008 (5 of 2009), provides the applicants, as "victims," the right to appeal against acquittals directly to the Court of Sessions. They contended that the appeals should lie before the Court of Sessions, not the High Court.

The applicants' counsel countered that Section 378(4) of the Code is an exclusive provision for appeals in cases of acquittal in complaints, requiring special leave from the High Court. They argued that the amended proviso to Section 372 of the Code does not apply to private complaints u/s 138 of the NI Act.

Judgment:

The Court examined the relevant provisions of the Code, including Section 372 and Section 378, and the definition of "victim" u/s 2(wa) of the Code. The Court noted that the amended proviso to Section 372 was introduced to provide victims the right to appeal in cases where the State does not file an appeal against acquittal. However, this proviso does not apply to cases instituted upon complaints, as covered by Section 378(4) of the Code.

The Court concluded that the amended proviso to Section 372 of the Code does not apply to applications seeking leave to file appeals against acquittals for offences u/s 138 of the NI Act. Therefore, the applications u/s 378(4) of the Code are maintainable before the High Court.

The applications were deemed maintainable and were set to be decided on their merits. The matter was adjourned to 20.6.2011.