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.

ORDER :

K.BABU, J.

The petitioner in these Criminal Revision Petitions is the same person. She filed two complaints as ST Nos.999/2018 and 803/2018 before the Judicial First Class Magistrate Court, Piravam under Section 200 of the Cr.PC r/w Sections 142 and 143 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') alleging offence punishable under Section 138 of the NI Act against the party respondents/accused. The trial Court convicted the accused and sentenced them under of the NI Act. The accused/party respondents filed Crl.Appeal Nos. 94 of 2022 and 93 of 2022 before the Additional District and Sessions Court, Muvattupuzha. The Sessions Court acquitted the accused in both the cases. The petitioner challenges the judgment acquitting the accused in the above cases in these revision petitions. She challenges the judgment of acquittal in ST No.999 of 2018 in Crl.R.P.No.58 of 2026 and the acquittal in ST No.803 of 2018 in the Unnumbered Crl Revision Petition [Filing No.48 of 2026]. When the revision petition challenging the judgment of acquittal in ST No.803 of 2018 was filed, the Registry noted the following defect:-

“Whether Criminal Revision Petition is the proper remedy".

2. Heard the learned counsel for the revision petitioner.

3. The short question that arises for consideration is whether a Criminal Revision Petition under Section 397 r/w Section 401 of the Cr.PC is maintainable against a judgment of acquittal passed in a complaint case.

4. Sub-section (4) of Section 401 Cr.PC reads thus:-

“401. High Court's powers of revision.—

(1) xxxxx

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed."

5. As per sub-section (4) of Section 401 revision against appealable order/judgment is not maintainable.

6. Therefore, the issue that arises for consideration is whether the judgment of acquittal in a complaint case alleging offence under Section 138 of NI Act is appealable at the instance of the complainant.

7. Chapter XXIX of the Cr.PC deals with appeals. Section 372 of Cr.PC mandates that no appeal shall lie from any judgment or order of a criminal court except as provided for by the Cr.PC itself or by any other law for the time being in force. By Act 5 of 2009, a proviso was introduced to Section 372 whereby a limited right of appeal has been conferred upon the victim of an offence. As per the proviso a victim shall have a right to prefer an appeal against (1) any order passed by the Court acquitting the accused or (2) convicting for a lesser offence or (3) imposing inadequate compensation.

8. Such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

9. Section 378 of Cr.PC deals with appeal in case of acquittal. Sub-sections (4) and (5) of Section 378 contains the limitations in presenting such appeal against acquittal to the High Court. As per sub-section (4), if an order of acquittal is passed in any case instituted upon a complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. An application seeking leave under sub-section (4) shall not be entertained by the High Court after the expiry of six months where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

10. Before the amendment in Section 372 of the Code of Criminal Procedure by Act 5 of 2009, the remedy of a complainant to challenge a judgment of acquittal was to prefer an appeal as provided in sub-section (4)