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M.RAMESH.NAIK (CEO)     14 May 2022

If orders are passed in a criminal appeal in 138 n i act case can the same be challenged in high cou

I lost a criminal appeal filed by my opponent complainant  in high court in a cheque bounce case which i had won in trail court. Is there a provision to file appeal in devision bench in high court  or i have to appeal in supreme court.



 4 Replies

Harendra Kumar (A Practicing Lawyer)     14 May 2022

Dear Sir,

You cabe be gowith several procedure liike as review the order, can be appeal before appellate court 

Advocate Bhartesh goyal (advocate)     15 May 2022

You have to file appeal before Supreme Court.

Pradipta Nath (Advocate)     15 May 2022

You can either appeal before the division bench of High Court or may approach directly to the Supreme Court.

Dr J C Vashista (Lawyer)     16 May 2022

Facts posted are not clear to me as to whether you are complainant or accused ?

If you are an accused your appeal should have to be filed before Sessions Court, which is not found there in the facts posted by you.

If you are complainant in the case u/s 138 NI Act and accused has been acquitted you will have to file "leave to appeal" before High Court u/s 378(4) Cr PC,  which is not applicable in your case, as you have stated to have "won" the case in Trial Court, is it correct ???

The judgment passed by High Court bench of single judge you will have to file LPA which would be taken up by DB. However, if it was already DB it would be filed in Supreme Court under Article 136 of the Costitution of India


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