Supreme Court : Cheque Bounce Complainants Can Directly Appeal Acquittals as 'Victims'

Supreme Court : Cheque Bounce Complainants Can Directly Appeal Acquittals as 'Victims'

The Supreme Court has ruled that complainants in cheque dishonour cases under Section 138 of the Negotiable Instruments Act are “victims” under Section 2(wa) of the CrPC.

This status allows them the right to appeal an acquittal directly under the proviso to Section 372 of the CrPC, without needing to seek special leave under Section 378(4).  

The bench emphasized that such complainants face economic loss due to cheque dishonour, qualifying them as victims entitled to appeal.  

This decision overturns previous High Court rulings that required complainants to obtain prior permission for appeals. (M/s Celestium Financial v A Gnanasekaran)

Read Judgement / 5 months ago

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