High Court is solely empowered to hear appeal against acquittal Cheque Bounce case: Calcutta HC [Read Order]

The Calcutta High Court ruled that the High Court is solely empowered to hear appeal against acquittal Cheque Bounce case.

A Single Bench of the High Court consisting of Justice Subhendu Samanta observed that “A complainant in a case arising out of private complaint, who has already provided the right of appeal Under Section 378(4) of the Code of Criminal Procedure, cannot be permitted to take recourse to Section 372 of the Code.”

In this case, the opposite party, initiated complaint under Section 138 of Negotiable Instrument (NI) Act against the petitioner, Ms. Todi Investors, before the Chief Judicial Magistrate (CJM). Subsequently, the case was transferred to the Court of Judicial Magistrate. After the conclusion of the trial CJM found the petitioner to be not guilty for the offence punishable under Section 138 of NI Act and thereby acquitted the present petitioner under section 255(1) of the Code of Criminal Procedure.

The Additional Sessions Judge, set aside the order of acquittal passed by the Judicial Magistrate and found the petitioner to be guilty of the offence punishable U/s 138 of the Negotiable Instrument Act and convict the petitioner under Section 255(2) of Cr P.C. Hence the appeal has been preferred.

The Bench noted that “The lawmakers 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. Lawmakers 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. “

“Thus, a complainant in a case under Section 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 Section 378(4) of the Code. A complainant in a case under Section 138 of the Negotiable Instrument Act is not a victim as defined U/s 2(wa) of Cr P.C.” the Court said.

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