Negotiable Instruments Law | The plaintiff may prefer the appeal against the order of acquittal before the session court: Superior Court of Karnataka

The Superior Court of Karnataka has said that a plaintiff in a case under the negotiable instrument law may present an appeal against an order of acquittal before the session court and does not need to approach the Superior Court.

In doing so, the Court set aside a judicial order of sessions that had dismissed the appeal of the plaintiff against an order of acquittal as not maintainable and had asked the plaintiff to present an appeal before the Superior Court. Against this dismissal by the session, the plaintiff transferred the Superior Court.

The session court, by dismissing the appeal of the plaintiff, Thoman Man as not maintainable, had been based on a decision of a single coordinated judge of the Superior Court that had argued that the plaintiff under the provisions of section 142 of the Law of Ni and the victim under Section 2 (WA) of CRPC, is not one and the same.

In the present case, Justice s Rachaiah sent to section 378 (4) of CRPC that establishes that if an order of acquittal is approved in any case instituted on the complaint and the Superior Court, in a request that the plaintiff makes in this name, it grants a special permit to appeal to the order of acquittal, the plaintiff may present such an appeal before the Superior Court.

“The word, the plaintiff may present said appeal to the Superior Court would indicate that the plaintiff does not need to present an appeal against acquittal to the superior court directly when an appeal is before the session court against the order approved by the Court or Magistrate of First Instance,“The court ruled.

Subsequently, he referred to Section 2 (WA) of the Code of Criminal Procedure and said: “The victim is a person who suffers loss or injury of the accused person. “

Referring to section 372 of CRPC, the court said: “The victim may present an appeal against the Order of acquittal before the Court of Appeals or the Session Court. In any part of the previous provisions mentioned on a particular case. The plaintiff or the victim may present an appeal in front of the acquittal approved by the magistrate before the Court that an appeal is normally against the sentence of said court. ”

Added “Said definition would indicate that if any orders of conviction approved by the Court of Magistrates, an appeal shall be presented before the Sessions Court or the Court of Appeals. Similarly, in a case presented under section 138 of the Law of Ni, if the conviction is approved, the appeal must lie to the session court. Such is the fact, ask the plaintiff to present an appeal before this Court, in my opinion considered, it is not appropriate after promulgating section 372 of CR.PC, therefore, the order approved by the Court of Appeals to dismiss the appeal as it is not maintainable, it cannot be sustained. “

Consequently, while reserved the order of the session, the Superior Court sent the matter to the Court of Appeals for its new consideration.

Case title: Thomas Mani and G Shankar

Petitioner Advisor: Lawyer Syed Akbar Pasha for the petitioner.

Defendant advisor: lawyogyog herele and

No: 2025 LIVELAW (KAR) 87

No case: request for criminal review no. 851 of 2016

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