Lawstreet Journal

Appeal Against Acquittal in Cheque Bounce Cases Can Be Filed Only Before High Court U/s.378(4) CrPC: Madras HC

Lawstreet Journal 29 May 2020 9:15pm

Image courtesy: Lawstreet Journal Judiciary Appeal Against Acquittal in Cheque Bounce Cases Can Be Filed Only Before High Court U/s.378(4) CrPC: Madras HC

In a recent case, The Madras High Court has held that the appeal against the acquittal of the accused in a cheque bounce case can be filed only before the High Court under Section 378(4) of the Code of Criminal Procedure, 1973.

The decision of another full bench in S.Ganapathy V. N.Senthilvel ((2016 4 CTC 119) was declared as “Per Incuriam” by a High Court Bench comprising Justices MM Sundresh, V Bharathidasan, and N.Anand Venkatesh.

The bench observed: “As against the order of acquittal passed by a Magistrate on a complaint, an appeal will lie only before the High Court, under Section 378 (4) of the code for criminal procedure. In such cases, the complainant has to seek Special Leave under Section 378 (5) of the code of criminal procedure. The decision rendered in S.Ganapathi case is declared as a judgment per-incuriam since it has been decided without reference to the binding authority in Damodar S Prabhu and Subash Chand.”

The appeal by the complainant in S.Ganapathi was held against an order of acquittal is maintainable before the sessions court which invoked the proviso to Section 372 of the Criminal Procedure Code. A single bench challenging this view referred to a larger bench with the issue of whether the remedy lies as against the order of acquittal passed by a Magistrate on a complaint which may be under proviso to section 372 of the code of criminal procedure of under section 378(4) of the Criminal Procedure Code.

The referrals of the Supreme Court judgments by the bench were Damodar… Continue Reading...


Tagged: cheque bounce  
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