Private complainants in cheque bounce cases cannot prefer appeals against acquittal of the accused, directly before the High Court without approaching the Sessions Court concerned, the Madras High Court Bench here has held.
Justice P. Devadass passed the order while holding as not maintainable a criminal appeal preferred by K. Sudhakar of Tiruchi before the High Court Bench challenging the acquittal of the proprietor of a Chennai-based company by a magistrate in 2011.
Norms laid down
He said that on April 5 a Full Bench (comprising three judges) laid down the norms relating to the rights of the victims and complainants on the issue of preferring appeals. It also listed procedures to be adopted in cases where the complainant was also the victim.
A victim of the crime, who had prosecuted an accused, had the right of appeal before the court before which such appeal would normally lie under Section 372 of the Code of Criminal Procedure.
In a private complaint, even if the victim was not a complainant, he had a right to appeal under the proviso to Section 372 of the Cr.P.C., provided he obtained leave of the court to which the appeal would normally lie depending upon the nature of the offence.
The Full Bench clarified that only if a complainant was not a victim of the crime, then he/she could file an appeal directly before the High Court in the event of acquittal of the accused after obtaining special leave under Section 378(4) of the Cr.P.C.
‘Approach Tiruchi court’
The judge directed the appellant to approach Principal District and Sessions court in Tiruchi.
The judge cites the norms laid down
by a Full Bench in this regard
