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MOHANASUNDARAM (ENGINEER)     06 July 2017

Appeal against acquittal- ni act - dist court or high court

Complainant case u/s. 138 of N I Act - challenge the magistrate court order of acquittal before the District Court -or- HIGH COURT ?

Please reply with latest judgments.



Learning

 11 Replies

Arjun Kohli   06 July 2017

Corrected by the following comment.

Kumar Doab (FIN)     06 July 2017

34………………… In paragraph- 35 of the judgment it was held that the complainant in a case under Section 138of the Negotiable Instruments Act cannot challenge the order of acquittal before the Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure and his remedy is only to file an appeal to the High Court with special leave under Section 378 (4) of the Code of Criminal Procedure.

 

Calcutta High Court (Appellete Side)

M.K. Products vs M/S. Blue Ocean Exports (P) Ltd. & ... on 1 September, 2016

 

https://indiankanoon.org/doc/102355676/

1 Like

Advocate Bhartesh goyal (advocate)     06 July 2017

Mr Doab is absolutely right .  complainant in a case u/s 138 of N.I.Act can not challenge the order of acquittal before the session court under the proviso of sec 372 of the code of criminal procedure and his remady is only to file appeal to the High Court with special leave u/sec 378[4] of the code of criminal procedure.

Kumar Doab (FIN)     06 July 2017

Thanks for agreeing Expert Mr. Bhartesh goyal.

Kumar Doab (FIN)     06 July 2017

Mr. Arjun Kohli, your response is appreciable and appreciated.

1 Like

Siddharth Srivastava (Advocate)     06 July 2017

session court by way of revision.

Dr J C Vashista (Lawyer)     07 July 2017

I fully agree with expert Mr. Bhartesh Goyal and Mr. Kumar Doab, the appeal shall lie before High Court u/s 378(4) Cr PC.  

Kumar Doab (FIN)     09 July 2017

Thanks for agreeing Dr. J.C.Vashista.

 

R Trivedi (advocate.dma@gmail.com)     18 July 2017

Sidharth Srivastav, Hope you have understood that order of acquittal can be challenged in HC only under S.378 CRPC, no appeal lies with session and revision is absolutely ruled out. Yes, the magisterial court conviction can be taken up at Session Court.

Siddharth Srivastava (Advocate)     18 July 2017

Mr. R. Trivedi, thanks for your valuable correction. I have referred REVISION only.

MOHANASUNDARAM (ENGINEER)     15 September 2017

Sir,

    i have filed appeal against ( magistrate ) the order of acquittal ( 138-N I Act ) under section 372 of CrPC in District and Sessions court, ERODE, TamilNadu and the same numbered and posted for final arguments. Mr. SIDHARTH SRIVASTAV - THANKS  FOR PROPER RESPONSE.


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