Appeal against order of acquittal under 138 NI Act

vinod bansal (Querist) 08 April 2010 This query is : Resolved
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In which court whether (Sessions or Highcourt)appeal against acquittal order of Magistrate under 138 NI Act will lie.Kindly help.Regards

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Raj Kumar Makkad (Expert) 08 April 2010
Sessions Judge.

mahendra rai jain (Expert) 08 April 2010
only high court

vinod bansal (Querist) 08 April 2010
Respected Makkad ji will you plz explain under which provision this appeal is maintainable before sessions court,recently i have go through so many crlAppeal which were decided by highcourt ,all these appeals were against the acquittal order of magistrate,kindly enlighten me Sir.Regards

Adinath@Avinash Patil (Expert) 09 April 2010
only high cpurt

Kiran Kumar (Expert) 09 April 2010
Vinod Ji the appeal against acquittal shall lie to the High Court.

pls refer to S.378(4) of Cr.P.C

along with the appeal a separate leave application is also required to be filed...the appeal will be admitted/ heard only if the Leave is granted.

in fact my first (own) case in high court was Appeal Against Acquittal in 138 matter :)

vinod bansal (Querist) 09 April 2010
Thanx to all

B K Raghavendra Rao (Expert) 09 April 2010
If acquittal is to be challenged Criminal Revision Petition has to be filed in the High Court and if conviction is to be challenged Criminal Appeal need to be filed in the Sessions Court.

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