Section 138 NI Act: Complainant need not seek leave to appeal and can directly file an appeal against acquittal of accused [Read the Order]

July 17, 2019:

Madhya Pradesh High Court has held that there is no requirement for taking leave to file an appeal against acquittal in a cheque bounce case.

A bench of Justice Sharma has passed the order in the case titled as Dinesh Kumar vs Omprakash on 11.07.2019.

Petitioner Dinesh Kumar preferred a petition under Section 378(4) of Cr.P.C. for granting leave to appeal against judgment of acquittal of the respondent dated 27/11/2018 delivered in R.T.No. 4231/2013 under Sections 138 of the Negotiable Instruments Act, by the Judicial Magistrate First Class, Ujjain.

High Court however observed "In view of the judgment of the Hon'ble Supreme Court passed in Mallikarjun Kodagali vs. State of Karnataka, reported in 2018 SCC Online SC 1941, and as per proviso to Section 372 of Cr.P.C. introduced with effect from 31.12.2009, the victim is not required to file petition for granting leave to appeal. He/she can directly prefer an appeal. Therefore, this miscellaneous petition is not maintainable.

High Court then disposed the petition observing "Having regard to the aforesaid dictum of the Hon'ble Supreme Court as well as the proviso to Section 372 Cr.P.C., the petitioner is permitted to withdraw this petition with liberty to file criminal appeal in accordance with the law".

Read the Order here:

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