NI Act | Complainant Can Appeal Against Acquittal Whether Passed By Trial Court Or Appellate Court: Rajasthan High Court
The Rajasthan High Court has held that a complainant may seek leave to appeal against an acquittal in a complaint case, irrespective of whether the acquittal was recorded by the trial court or the appellate court, subject to the applicable provisions of law.Justice Farjand Ali granted leave to appeal in a cheque-bounce case under Section 138 of the Negotiable Instruments Act, 1881. The...
The Rajasthan High Court has held that a complainant may seek leave to appeal against an acquittal in a complaint case, irrespective of whether the acquittal was recorded by the trial court or the appellate court, subject to the applicable provisions of law.
Justice Farjand Ali granted leave to appeal in a cheque-bounce case under Section 138 of the Negotiable Instruments Act, 1881. The Court noted that the appeal had already been registered by the Registry inadvertently, without the requisite permission.
The Court observed that since leave had now been granted, the appeal could proceed in accordance with law. It added that the ends of justice should not be defeated by mere procedural technicalities.
The Court was hearing an application seeking leave to appeal against an acquittal. The accused had initially been convicted by the trial court, but the appellate court had set aside the conviction and acquitted him.