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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
SPAC Tapioca Products (I) Ltd. – Appellant
Versus
Arun Casuals India Ltd. – Respondent
ORDER :
G.K.ILANTHIRAIYAN, J.
The criminal original petition in Crl.OP.No.27089 of 2024 in Crl.A.SR.No.49576 of 2024 has been filed seeking relief to file an appeal against the judgment passed in CC.No.40 of 2009 on the file of the Judicial Magistrate-III, Erode dated 27.06.2024, thereby dismissed the complaint and acquitted the respondents for the offence punishable under Section 138 of NI Act. The criminal original petition in Crl.OP.No.27094 of 2024 in Crl.A.SR.No.59577 of 2024 has been filed seeking grant leave to file an appeal against the order of acquittal under Section 419 (4) of BNSS , 2023.
2. It is relevant to extract the provisions under Section 419 (4) of BNSS , 2023 (Section 378(4) of Cr.P.C.), hereunder:
“If such an order of acquittal is passed in any case instituted upon 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.”
Thus, in an appeal against the order of acquittal passed in a case instituted upon a complaint, the application has to be made to grant leave by the complainant to file an appeal against th
A complainant under Section 138 is deemed a victim and thus entitled to appeal against acquittal under Section 372 without seeking special leave, reflecting judicial interpretation and setting clear ....
A complainant under Section 138 of the NI Act is deemed a victim with the right to appeal under Section 372 of Cr.P.C. without needing special leave, and the application of this ruling is specified t....
Victims in private complaints have the right to appeal against acquittals without seeking leave from the court under relevant legal provisions.
A complainant as a victim under Section 138 of the Negotiable Instruments Act has the right to appeal against acquittal without prior leave from the court.
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