NEGOTIABLE INSTRUMENTS ACT, 1881

Section 138

Dishonour of cheque for insufficiency, etc., of funds in account - Private complaint for dishonour of cheque - Whether appeal against acquittal in prosecution for the offence punishable under section 138 would lie under section 378(4) of Cr.PC -

In a case initiated on a private complaint under section 138, a question arose for consideration was whether appeal against acquittal in prosecution for the offence punishable under section 138 would lie under section 378(4) or as per the proviso below section 372 of the Cr.PC.Held: In view of various decisions of High Court, appeal against acquittal in prosecution for offence under section 138 would lie under section 378(4) of Code of Criminal Procedure, 1973.

REFERRED : Shantaram s/o Laxman Tande v. Dipak Madhav Gaikwad [Crl. Appeal No. 2651 of 2010, dated 6-5-2011], Mallikarjun Kodagil v. State of Karnataka (2019) 2 SCC 752, Bhauvuban Dineshbhai Makwana v. State of Gujarat [Crl. Appeal No. 238 of 2012, dated 18-3-2013], Rajkumar Khurana v. State of [NCT of Delhi) (2009) 92 SCL 370 (SC), Motiram Ghelabhai v. Jagan Nagar (1985) 2 SCC 279, Subhash Chand v. State (Delhi Administrations) (2013) 2 SCC 17, Balasaheb Rangnath Khade v. State of Maharashtra 2012 (3) Bom. C.R. (Cri.) 632, Smt. P. Vijaya Laxmi v. Smt. S.P. Sravana 2018 Cri. L.J. 1338, Selvaraj v. Venkatachalapathy [Criminal Appeal No. 20 of 2014, dated 4-8-2014) and Top Notch Infotronix (I) (P.) Ltd. v. Infosoft Systems 2011 (6) Mh. LJ 165 and S. Ganapathy v. N. Senthilvel 2017 Cri. LJ 602.

FAVOUR : Disposed of.

A.Y. :

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