High Court Of Tripura vs For
2021 Latest Caselaw 393 Tri

                         HIGH COURT OF TRIPURA
                               AGARTALA
                                 Crl. A. 15/2020
                                     PRESENT
For Appellant(s)            :     Mr. K. Nandi, Advocate
For Respondent(s)           :     Mr. Ratan Datta, PP

HON'BLE MR. JUSTICE ARINDAM LODH Order 22/03/2021 Heard Mr. K. Nandi, learned counsel for the appellant as well as Mr. Ratan Datta, learned PP appearing for the State-respondent. This is an appeal under Section 378 Cr.P.C. against the order of acquittal. The appellant has filed a complaint under Section 138 of the NI Act before the learned trial court. The learned trial court by its judgment and order dated 18.01.2020 passed in N.I. 280 of 2014 had acquitted the accused-respondent no.1. Being aggrieved of the order of acquittal, the complainant has preferred the instant appeal before this court.

Mr. Ratan Datta, learned PP has submitted that it is mandatory to seek leave of the court, as contemplated under Sub-section (3) of Section 378 Cr.P.C., which is reproduced here-under:-

"(3) No appeal to the High Court under sub- section (1) or sub- section (2) shall be entertained except with the leave of the High Court". The appellant in his Memo of Appeal at para 5 has clearly stated that the appellant being the victim in this case is filing the present appeal without any separate application praying for leave.

In this situation, this court has no other alternative but to hold that the present appeal is not maintainable in its present form and nature. As such, the instant appeal stands dismissed.

JUDGE

Saikat