Madhya Pradesh High Court Upholds Complainant's Right to Appeal Without Special Leave in Cheque Dishonour Cases

Landmark Judgment Reinforces Victim's Absolute Right to Appeal Against Acquittal Under Bharatiya Nagarik Suraksha Sanhita, 2023

In a significant judgment, the Madhya Pradesh High Court has reinforced the right of complainants in cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881, allowing them to appeal against acquittal without the need for special leave. The ruling, delivered by Justice Gajendra Singh in Indore, draws upon the precedent set by the Supreme Court in the case of M/s. Celestium Financial v. A. Gnanasekaran, 2025 INSC 804, which classified complainants as victims entitled to file appeals under the proviso to Section 372 of the CrPC or the corresponding Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The case in question involved Narayan Chouhan, the appellant, who challenged the acquittal of Santosh Chohan, the respondent, in a cheque dishonour case. The Judicial Magistrate First Class at Indore had earlier acquitted the respondent from charges under Section 138 of the Negotiable Instruments Act. The appellant, represented by Advocate Raj Kumar Swarnkar, sought to appeal against this acquittal without seeking special leave from the High Court.

The court emphasized that, as per the Bharatiya Nagarik Suraksha Sanhita, 2023, the complainant, who suffers economic loss due to cheque dishonour, qualifies as a victim and is entitled to appeal directly under Section 413 of the BNSS or the proviso to Section 372 of the CrPC. This decision aligns with the Supreme Court's interpretation that the complainant in such cases is indeed the aggrieved party and possesses the right to appeal without the procedural hurdle of obtaining special leave.

Justice Singh's ruling grants the appellant liberty to file the appeal before the concerned Session Judge within 60 days, stating that if filed within this period, limitations on appeal will not be insisted upon. The judgment is seen as a significant step towards ensuring justice and reinforcing victims' rights in financial offence cases.

Legal experts have hailed the judgment as a progressive move that simplifies the appeal process for complainants, thus strengthening their position in the judicial system. The decision underscores the importance of victim's rights in the legal framework, promoting fair treatment and access to justice.

Bottom Line:

Under Section 138 of the Negotiable Instruments Act, 1881, the complainant, being a victim of the offence, can file an appeal under the proviso to Section 372 of the CrPC or corresponding Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, without seeking special leave from the High Court.

Statutory provision(s): Section 138 of the Negotiable Instruments Act, 1881; Section 372, Section 378(4) of the CrPC; Section 413, Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Narayan Chouhan v. Santosh Chohan, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2822904