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Indian Laws - Highlights / Catch Notes

Home Highlights December 2019 Year 2019 This

Appropriate forum for appeal - The complainant of the offence ...


Section 138 Complainants Can't Claim 'Victim' Status for Appeals Under Proviso to Section 372, Must Use Section 378(4).

December 4, 2019

Case Laws     Indian Laws     HC

Appropriate forum for appeal - The complainant of the offence u/s 138 of the Act of 1881, to whom the remedy of appeal against an order of acquittal to the High Court u/s 378(4) of the Code is already provided, cannot take recourse to proviso inserted to section 372 of the Code under the guise of the term 'victim' as used in the newly inserted proviso to section 372 of the Code.

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