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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Satish Kumar – Appellant
Versus
Jugal Kishor – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present application has been preferred under Section 378 (4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal the judgment of acquittal dated 07.09.2018 passed by the learned Additional Chief Judicial Magistrate, Mansa in a case stemming from complaint dated 25.08.2017 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).
2. Tersely put, the facts of the case are that the respondent had borrowed Rs.4,00,000/- from the applicant on 16.07.2015 at an interest of 24% p.a. The transaction was done via RTGS on 16.07.2015. It was also agreed that the rate of interest will decrease from 24% to 18% p.a. w.e.f. 01.04.2016. In order to discharge his liability, the respondent issued a cheque bearing No.029160 dated 12.07.2017 for the amount of Rs.5,80,000/-, drawn on ICICI Bank, Mansa. However, on presentation for encashment, the same was dishonoured vide memo dated 17.07.2017 with the remarks- funds insufficient and account dormant. Consequently, the applicant- appellant served a legal notice dated 20.07.2017 on the respondent. Since the respondent failed to make the requ
Victims have the unconditional right to appeal against acquittal in criminal cases, aligning with legislative intent to ensure justice is accessible and prompt.
Victims have the statutory right to appeal acquittals under Section 372 of the CrPC, ensuring access to justice irrespective of complainant status, broadening the definition of 'victim' to encompass ....
(1) Appeal against acquittal – Victim of an offence has right to prefer appeal under proviso to Section 372 of Cr.P.C., irrespective of whether he is a complainant or not – Even if victim of an offen....
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