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AV (Graduate)     05 June 2024

Ni case appeal against appeal

Accused Acquitted in lower court 

we have to file appeal in ni 138 case 

copy application of judgment filed on 26/2/24 but judgement given on 19/4/24

can we file appeal - what is limitation period - is it 30 days - should we have to file delay consolation petition 

or is it 6 months time period to go to high court under sec 378(4) CRPC  for leave to appeal 

or can we to go directly to sessions court ? 

can you pls clarify 

thank you 


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 June 2024

Thus, a complainant in a case U/s 138 of the Act of 1881 could not challenge the order of acquittal before the Sessions Court under the proviso to Section 372 of the Code and his only remedy is to file an appeal to the High Court with special leave under Section 378(4) of the Code.

It is to be filed  within sixty days from the date of receipt of certified copies.

Advocate Bhartesh goyal (advocate)     05 June 2024

Complainant has to file SLP u/sec 378(4) of Cr.P.C before High Court against the acquittal order within sixty days of order ( time to obtain certified copy of order shall be excluded  )

P. Venu (Advocate)     05 June 2024

Yes the appeal lies to the High Court. Limitation commences from the date of Judgment. But time taken getting the certifed copy is excuded. May be, the High Court is having summer vacation at present. 

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