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TMI Blog1971 (3) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeals were rightly not entertained by the High Court because first there was no application for grant of special leave under section 417(3) of the Code of Criminal Procedure; secondly, the appeals were incompetent without grant of special leave, and, thirdly, these were barred by limitation. An appeal under section 417(3) against acquittal is competent only when there is special leave granted by the High Court. On obtaining special leave the appeal is thereafter filed within 30 days of the grant of leave to escape the mischief of the period of limitation under article 114 of the Limitation Act, 1963. Section 624B is not such a section which can be said to be conferring a right of appeal. Section 624B only mentions as to the person th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to take all reasonable steps to comply with the provisions of section 210, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. The complainant in filing the petitions of complaint prayed for exemption of personal appearance under proviso to section 247 of the Code of Criminal Procedure read with section 621(1A) of the Companies Act. The Presidency Magistrate passed the orders of acquittal in all the cases. Section 417 of the Code of Criminal Procedure speaks of appeal in case of acquittal. Sub-section (3) of that section is as follows : "If such an order of acquittal is passed in any case instituted upon c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an appeal from the order of acquittal. Section 417(1) of the Code of Criminal Procedure enacts that in case of acquittal the State Government may direct the Public Prosecutor to present an appeal to the High Court. Section 624B of the Companies Act empowers the Central Government to present appeals through persons mentioned in that section. Presentation of appeal by the Central Government is a similar provision to section 417(1) of the Code of Criminal Procedure. Chapter XXXI of the Code of Criminal Procedure relates to appeals. Appeal is a creature of statute. The right to appeal in governed by the Code of Criminal Procedure. Section 404 of the Code of Criminal Procedure states that no appeal shall lie from any judgment or order of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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