2024 (10) TMI 886 - HC - Indian Laws

Application for grant of leave to file appeal - Acquittal of accused under Section 138 of the Negotiable Instruments Act - HELD THAT - Evidently, a leave to appeal is required by the complainant of such cases, who is not a victim as defined above. The law is wellsettled that any person can set the criminal proceedings in motion, if he has knowledge of commission of any cognizable offences, such step may be taken by filing an F.I.R. with the police or a complaint petition before a Magistrate. If such complainant, is not a victim as defined above then, he would be required to prefer leave application before the High Court for preferring appeal against acquittal. However, if the complaintant is a victim of the crime, he/she shall have right under Proviso to Section 413 BNSS to prefer appeal against acquittal, conviction for a lesser offence or imposing inadequate compensation. This leave to appeal stands disposed of.

Summary

Issues:
Grant of leave to file appeal under Section 138 of the Negotiable Instruments Act, interpretation of victim's rights under Section 2(y) of BNSS, applicability of Section 413 BNSS, distinction between victim and complainant in terms of appeal rights, requirement of special leave to appeal for complainants not falling under victim definition.

Analysis:
The judgment pertains to an application for grant of leave to file an appeal by the complainant against an order acquitting the sole respondent of a charge under Section 138 of the Negotiable Instruments Act. The court acknowledged that the complainant was a victim as per Section 2(y) of BNSS, having suffered loss due to the accused's act. The court highlighted Section 413 BNSS, which allows victims to appeal without the need for leave, emphasizing the right of victims to appeal against acquittal, conviction for lesser offense, or inadequate compensation.

In citing precedents such as Mallikarjun Kodagali Vs. State of Karnataka and Joseph Stephen Vs. Santhanasamy, the court reiterated that victims have a statutory right of appeal under Section 372 proviso, not requiring special leave like complainants. The judgment also referenced Section 419 of BNSS, equivalent to Section 378(4) Cr.P.C., which mandates special leave for complainants not falling under the victim definition. The distinction between victims and complainants in terms of appeal rights was emphasized, with victims having the right to appeal under the proviso to Section 413 BNSS.

The court clarified that if a complainant is not a victim as defined, they must seek leave for appeal before the High Court. However, if the complainant falls under the victim category, they can appeal against acquittal without leave. The judgment granted the appellant the liberty to present an appeal against acquittal before the concerned Sessions Judge within 15 days, considering the appellant's genuine pursuit of the matter before the wrong forum. Ultimately, the leave to appeal was disposed of, affirming the victim's right to appeal without the need for special leave.