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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Mehulbhai Kishorbhai Joshi – Appellant
Versus
Kalpeshbhai Rohitbhai Patel (J.K. Properties) – Respondent
| Table of Content |
|---|
| 1. overview of complaint and appeal process under sec. 138 ni act. (Para 1 , 2) |
| 2. clarification on special leave to appeal in acquittal cases. (Para 3 , 4 , 5 , 10 , 11) |
| 3. administrative rules regarding conversion of appeal types. (Para 6 , 7 , 8 , 9) |
| 4. process for filing an appeal against acquittal. (Para 12) |
| 5. order for conversion of revision to appeal granted. (Para 13 , 14 , 15) |
ORDER :
GITA GOPI, J.
1. The present application is by the original complainant who had filed the complaint before the learned 2nd Additional Chief Judicial Magistrate, Gandhinagar under Section 138 of the Negotiable Instruments Act wherein the accused was sentenced to undergo one year simple imprisonment and was also ordered to pay the cheque amount as compensation.
2. Against the judgment of conviction and sentence, the accused move the appellate Court. The learned 7th Additional Sessions Judge, Gandhinagar in Criminal Appeal No.311 of 2024 acquitted the accused. Aggrieved by the said acquittal, the original complainant has move this Court by filing the revision application.
3. Here, the matter which requires consideration is the provision under Section 378 of the Cr.PC, which is correspo
The complainant must obtain special leave to appeal against an acquittal under Section 378(4) of the Cr.P.C., distinguishing their rights from those of victims, who have a statutory right to appeal w....
An appeal against acquittal under Section 138 of the Negotiable Instrument Act lies to the High Court under Section 378(4) of the Cr.P.C.
The main legal point established in the judgment is that appeals in complaint cases can only be entertained after obtaining special leave to appeal from the High Court, as per the provisions of secti....
Victims of offences under Section 138 of the Negotiable Instruments Act have the right to appeal against acquittal judgments without needing special leave, per Sections 372 and 378 of the Cr.P.C.
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