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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU
Liji – Appellant
Versus
State of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of court details and case context. (Para 1 , 2 , 3) |
| 2. discussion on maintainability of revision petitions. (Para 4 , 5 , 6) |
| 3. details on appeals under cr.pc. (Para 8 , 9 , 10) |
| 4. definition of complainant and victim. (Para 11 , 12 , 13 , 14) |
ORDER :
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
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.
In cases instituted on a complaint, the proper legal recourse for a complainant to challenge an acquittal is through an application for special leave to appeal under Section 378(4) of the Cr.P.C., no....
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....
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 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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