Private complainants cannot prefer appeals against acquittal of the accused directly before High Court
The Madras High Court bench has refused to interfere in a cheque bounce case, saying private complainants cannot prefer appeals against acquittal of the accused directly before it without approaching the sessions court concerned.
Justice P Devadoss dismissed the appeal by one K Sudhakar against acquittal of the accused, by a judicial magistrate in Tiruchirapalli, saying the criminal appeal against the acquittal of the proprietor of a Chennai-based company was not maintainable.
He said a Full Bench (comprising three judges) had laid down norms relating to the rights of victims and complainants on the issue of preferring appeals and also procedures to be adopted in cases where the complainant was also the victim.
A victim of the crime, who had prosecuted an accused, had the right of appeal before the court before which such appeal would normally lie under the Criminal Procedure Act, he said.
In a private complaint, even if the victim was not a complainant, he had a right to appeal under the proviso to Section 372 of CrPC, provided he obtained leave of the court to which the appeal would normally lie, depending upon the nature of the offence.
The Full Bench had clarified that only if a complainant is not a victim of the crime, could he or she file an appeal directly before the high court in the event of acquittal of the accused after obtaining special leave under Section 378(4) of CrPC.
The judge directed the appellant to approach the Principal District and Sessions Court in Tiruchirapalli.
Justice P Devadoss dismissed the appeal by one K Sudhakar against acquittal of the accused, by a judicial magistrate in Tiruchirapalli, saying the criminal appeal against the acquittal of the proprietor of a Chennai-based company was not maintainable.
He said a Full Bench (comprising three judges) had laid down norms relating to the rights of victims and complainants on the issue of preferring appeals and also procedures to be adopted in cases where the complainant was also the victim.
A victim of the crime, who had prosecuted an accused, had the right of appeal before the court before which such appeal would normally lie under the Criminal Procedure Act, he said.
In a private complaint, even if the victim was not a complainant, he had a right to appeal under the proviso to Section 372 of CrPC, provided he obtained leave of the court to which the appeal would normally lie, depending upon the nature of the offence.
The Full Bench had clarified that only if a complainant is not a victim of the crime, could he or she file an appeal directly before the high court in the event of acquittal of the accused after obtaining special leave under Section 378(4) of CrPC.
The judge directed the appellant to approach the Principal District and Sessions Court in Tiruchirapalli.
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