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TMI Blog2024 (10) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of the charge under Section 138 of the Negotiable Instruments Act. It is not disputed that the cheque was issued in favour of the applicant. Therefore, the applicant was victim of the crime as defined under Section 2(y) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows : Section 2(y) Victim means a person who has suffered any loss or injury caused by reason of the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such Court. Evidently, the victim shall have right to prefer an appeal before the appellate forum and for preferring appeal no leave is needed. Therefore, the present appeal should have been filed before the concerned District and Sessions Judge. In Mallikarjun Kodagali Vs. State of Karnataka Ors., reported in (2019) SCC 752 as well as Joseph Stephen Ors. Vs. Santhanasamy Ors., reported in (202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. 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 commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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