The Allahabad HC has held that in offences pertaining to cheque bounce, the appeal against acquittal of accused by the subordinate court can be moved before the HC under provisions of criminal procedure code. Hence, no such appeal would lie before the sessions judge of the district court.
The court further held that against the same judgment & acquittal order in a complaint case, where the victim & complainant are different persons, the appeal by the victim can be made only before the HC.
Section 138 of Negotiable Instrument Act provides for circumstances under which a complaint case can be filed in the case of dishonour (bounce) of cheques.
These two key questions were referred to court in the case of Anil Kumar Agarwal & others versus State of Uttar Pradesh. A division bench comprising Justice Shashi Kant Gupta & Justice Saurabh Shyam Shamshery directed the Registrar General of HC to ensure circulation of this order among all judicial officers in the state for their guidance.
The court further directed that a copy of this order be sent to the chief secretary, principal secretary (law) & legal remembrance & stamp reporter of HC for taking follow-up action.
A criminal offence is made out under Section 138 Negotiable Instrument Act, where cheques bounce due to inadequate funds in the account of the person who issues it or due to any other reason.
The question referred before the division bench of HC was whether against acquittal order in a criminal complaint case filed under Section 138 Negotiable Instrument Act, the victim, who is a complainant also may prefer appeal before the sessions judge at district court or the appeal can be made before HC under section 372 of Code of Criminal Procedure (CrPC ) .
Another question referred was if the victim & complainant both are different persons, the victim may file appeal before sessions judge or HC.
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