2012 ACD 937 (BOM) ::2012 (5) AIR Bom R 24 ::(2012) 1 Mh LJ (Cri) 259 ::(2012) 2 Mah LJ 398 ::2011 AllMR(CRI) 3473

Bombay High Court

Hon'ble Judge(s): Shrihari P. Davare , J

( A ) Negotiable Instruments Act (26 of 1881) S. 138 — Criminal P. C. (2 of 1974), Ss. 372 proviso, 378 (4), 24 (8) — Dishonour of cheque — Acquittal — Application u/S. 378 (4) of Code seeking leave to file appeals challenging orders of acquittals for offence u/S. 138 are maintainable before High Court — Same do not come within ambit and purview of amended proviso to S. 372 of Code thereto.Against order of acquittal of accused for the offence punishable u/S. 138 of Negotiable Instruments Act, complainants preferred applications, seeking leave to file appeal under Section 378 (4) of the Code of Criminal Procedure. Objection was raised regarding the maintainability of applications, by contending that applications seeking leave to file appeals under sub-section (4) of Section 378 of the Code, are not maintainable before High Court, in view of introduction of proviso to Section 372 of the Code, inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), since the applicants are covered by the definition “victim” and a right to prefer an appeal against any order passed by the court acquitting the accused or convicting him for lesser offence or imposing inadequate compensation, has been conferred upon them by the said proviso to Section 372 of the Code, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such court, and in the instant group of cases, before ....