The High Court directs the transfer of the appeal to the Sessions Court, affirming the complainant's right to appeal under new legal provisions without special leave.
In a landmark judgment, the Gujarat High Court, presided over by Justice Hemant M. Prachchhak, reinforced the rights of complainants in cheque dishonour cases, allowing them to appeal against acquittals directly to the Sessions Court. The case, involving Ashokbhai Ramjibhai Maniya of Zeel Constructions against the State of Gujarat, addressed the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881.
The High Court's decision is rooted in the recent Supreme Court ruling in Celestium Financial v. A. Gnanasekaran, which recognized the complainant as a victim with an unequivocal right to appeal under Section 372 of the Criminal Procedure Code, 1973, and Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This ruling eliminates the previously required special leave from the High Court for such appeals, aligning with the broader interpretation of victim rights in legal proceedings.
Justice Prachchhak emphasized that the complainant in cheque dishonour cases, deemed a victim, holds the right to challenge acquittals in the Sessions Court, the immediate appellate forum. This directive is designed to expedite legal proceedings and ensure victims have a streamlined path to justice.
The judgment underscores the Supreme Court's position that the victim's right to appeal should not be encumbered by conditions, contrasting it with the requirements for state appeals. This approach places the victim's rights on equal footing with those of the accused, who can appeal convictions as a matter of right.
In compliance with this judgment, the Gujarat High Court has ordered the immediate transfer of this and similar cases to the appropriate Sessions Court. The court has instructed that these cases be handled expeditiously, recognizing the prolonged pendency of such matters.
The decision reflects a significant shift in legal practice, emphasizing victim rights and ensuring that justice is accessible without procedural hindrances. This change is particularly relevant in cases involving financial transactions, where the complainant's role as a victim is crucial in pursuing justice.
Bottom line:-
In cases involving acquittal under Section 138 of the Negotiable Instruments Act, 1881, the complainant is considered a victim and has the right to file an appeal against the acquittal under Section 372 of the Criminal Procedure Code, 1973, or Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the Sessions Court, without the need for special leave.
Statutory provision(s): Negotiable Instruments Act, 1881 Section 138, Criminal Procedure Code, 1973 Section 372, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 413
