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TMI Blog2022 (11) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... ssions Court without leave and if he files an appeal under Section 378(4) of the Code, special leave is required. The law makers would not have wanted to provide two remedies to a complainant in a complaint case. The amendment of the Code in 2009 was not with the intention of providing multiple remedies to a complainant. Law makers did not confer concurrent jurisdiction on the Sessions Court and the High Court to entertain an appeal by the complainant against acquittal in a complaint case. A complainant in a case U/s 138 of the Act of 1881 could not challenge the order of acquittal before the Sessions Court under the proviso to Section 372 of the Code and his only remedy is to file an appeal to the High Court with special leave under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner to be guilty of the offence punishable U/s 138 of Negotiable Instrument Act and convict the present petitioner U/s 255(2) of Cr.P.C. Hence, this appeal. Only two points of law are involved in the appeal. Point No. 1: whether a complainant in a case U/s 138 of N.I Act is a victim as defined U/s -2(wa) of Cr.P.C. ? Point No. 2:- If the complainant is a victim within the definition of Section 2(wa) of Cr.P.C., is he entitled to file an appeal invoking the provision to Section 372 of Cr.P.C. before the court to which an appeal lies against the conviction? Learned Advocate appearing on behalf of the petitioner cited a decision reported in (2013)(2) Supreme Court Cases 2017. He pointed out that the principle of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iction of such Court] The term victim has been defined U/s 2(wa) of the Code of Criminal Procedure as follows: (wa) victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir;] If a complainant of 138 of N.I Act comes under the purview of the definition of victim enumerated U/s 2(wa) of the Cr.P.C he must have a right to appeal before the Court of Sessions against the order of acquittal. The question has arisen before the different authorities and the principle is now well settled by a decision of Andhra Pradesh High Court in Smt P. Vijaya Laxmi Vs. Smt. S.P. Sravana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amendment and introduction of Section 2(wa) defining a victim, such a victim was conferred with the right of preferring an appeal to the Sessions Court against an order passed by the trial Court acquitting the accused or convicting him of a lesser offence or awarding inadequate compensation. It is pointed out that if it is to be construed that a complainant could also file an appeal to the Sessions Court under Section 372 proviso or to the High Court under Section 378(4) of the Code, it would mean that a complainant in a complaint case would have two remedies and if he chooses the remedy under Section 372 proviso, he could file an appeal as of right to the Sessions Court without leave and if he files an appeal under Section 378(4) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to point No. 1:- A complainant in a case U/s 138 of Negotiable Instrument Act is not a victim as defined U/s 2(wa) of Cr.P.C. Answered to point No. 2:- A complainant in a case U/s 138 of NI Act is not entitled to file an appeal against acquittal according to the provision of Section 372 of Cr.P.C rather he may prefer an appeal before the Hon ble High Court invoking the provision of Section 378(4) of the Cr.P.C. After going through the authorities and after going through materials on record it appears to me that the appeal preferred by the present O.P. before the Learned Sessions Judge, vide Criminal appeal No. 101 of 2015 is beyond principle of law. Thus the impugned order of judgment passed by the Learned Additional Sessions Judge, in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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