Punjab and Haryana High Court Upholds Victim's Right to Appeal Acquittal in Cheque Bounce Cases

The court affirms that victims can file an appeal without special leave in cases of cheque dishonor under Section 138 of the NI Act.  

In a significant ruling, the Punjab and Haryana High Court has reinforced the rights of victims in cheque dishonor cases under Section 138 of the Negotiable Instruments Act, 1881. The judgment, delivered by Mrs. Manisha Batra, J., affirms that victims can appeal against acquittals without the need for special leave from the High Court. This decision aligns with the provisions of the Criminal Procedure Code, specifically Section 372, which is in accord with Section 413 of the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023.

The case in question, Yogendra Kumar v. Hirdesh Singh, involved an appeal against the acquittal of the respondent by the Judicial Magistrate Ist Class, Faridabad. The applicant, Yogendra Kumar, represented by Advocate Mr. Avneesh Bhardwaj, sought to challenge the decision under Section 378(4) of the CrPC. However, drawing on a recent Supreme Court pronouncement in M/s. Celestium Financial v. A. Gnanasekaran, the High Court directed that the appeal be treated under Section 372 of the CrPC.

The Supreme Court's interpretation emphasized that victims, including complainants, possess an unqualified right to appeal acquittals in such cases. This right is deemed superior to that of the State or other complainants, as it does not require any special leave to appeal, a stance intended to place victims' rights on par with those of convicted individuals who can appeal as a matter of right.

The decision is a pivotal development in the legal landscape, underscoring the legislative intent to empower victims and ensure their grievances in cheque dishonor cases are addressed effectively. The court's directive to remit the appeal to the Sessions Judge, Faridabad, for further proceedings, reiterates the importance of adhering to the statutory provisions set forth in Section 372.

The High Court's judgment is seen as an affirmation of victims' rights, providing them with a streamlined process to seek justice without procedural hurdles. This decision is expected to influence similar cases, ensuring that victims of cheque bounce offenses have a robust legal recourse to challenge acquittals and pursue justice.

Bottom Line:

The victim of an offence under Section 138 of the Negotiable Instruments Act, 1881 has the right to prefer an appeal against an order of acquittal under the proviso to Section 372 of CrPC (pari materia with Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023), without seeking special leave to appeal from the High Court.

Statutory provision(s):  

• Negotiable Instruments Act, 1881 - Section 138  
• Criminal Procedure Code, 1973 - Sections 372, 378(4)  
• Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 413

Yogendra Kumar v. Hirdesh Singh, (Punjab And Haryana) : Law Finder Doc Id # 2817749