Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

The Karnataka High Court has said that a complainant in a case under the Negotiable Instruments Act, can file an appeal against an acquittal order before the Sessions Court and need not approach the high court. 

In doing so the court set aside a sessions court order which had dismissed the complainant's appeal against an acquittal order as not maintainable and had asked the complainant to file an appeal before the high court instead. Against this dismissal by sessions court, the complainant moved the high court.

The Sessions Court while dismissing the complainant–Thoman Mani's appeal as not maintainable, had relied on a decision by a coordinate single judge of the high court which had held that the complainant under provisions of Section 142 of NI Act and victim under Section 2(wa) of CrPC, are not one and the same.

In the present case, Justice S Rachaiah referred to Section 378(4) of CrPC which states that if 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.

"The word, the complainant may present such appeal to the High Court would indicate that the complainant need not file an appeal against acquittal to the High Court directly where an appeal lies to the Sessions Court against order passed by the Trial Court or Magistrate," the court ruled.

It thereafter referred to Section 2 (wa) of the Criminal Procedure Code and said, “The victim is a person who suffers loss or injury from the accused person.”

Referring to Section 372 of CrPC the court said, “The victim can file an appeal against the order of acquittal before the Appellate Court or Sessions Court. Nowhere in the above said provisions mentioned about a particular case. The complainant or the victim can file an appeal as against the order of acquittal passed by the Magistrate before the Court an appeal ordinarily lies against the order of conviction of such Court.”

It added “The said definition would indicate that if any orders of conviction passed by the Magistrate Court, an appeal shall lie before the Sessions Court or Appellate Court. Similarly, in a case filed under Section 138 of N.I. Act, if conviction is passed, the appeal shall lie to the Sessions Court. Such being the fact, asking the complainant to file an appeal before this Court, in my considered view is not appropriate after enacting Section 372 of Cr.P.C. Thus, the order passed by the appellate Court in dismissing the appeal as not maintainable, cannot be sustained.”

Accordingly, while setting aside sessions court's order, the high court remanded the matter back to the appellate court for fresh consideration.

Case Title: Thomas Mani And G Shankar

Counsel for Petitioner: Advocate Syed Akbar Pasha for Petitioner.

Counsel for Respondent: Advocate Suyog Herele E 

Citation No: 2025 LiveLaw (Kar) 87

Case No: CRIMINAL REVISION PETITION NO. 851 OF 2016

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