VILAS BHALCHANDRA DESHPANDE Vs. ISHWAR NARAYAN JAGNADE

JUDGEMENT

(1.) The principal challenge in this matter pertains to acquittal in case under Sec. 138 of the Negotiable Instruments Act. This Application/Appeal is filed under Sec. 378 of the Code of Criminal Procedure.

(2.) Now so far as the issue in respect of preferring Appeal under Sec. 372 of the Code by the complainant/victim is concerned, the same was considered by the Hon'ble Supreme Court in case of M/s. Celestium Financial .Vrs. A. Gnanasekaran Etc (2025 SCC Online SC 1320), wherein the Supreme Court has held as under:

(3.) Considering the above position of law as laid down by the Supreme Court, the learned Counsel appearing in the matter for applicants/appellants submitted that under proviso to Sec. 372 of the Code of Criminal Procedure, since the victim has a right to prefer an appeal against the order passed by the Court acquitting the accused or convicting accused for lesser offence or imposing inadequate compensation, such appeal shall lie to the Court to which the appeal ordinarily lies against the order of conviction. In view of said proviso, the learned Counsel prays that the matter be transferred to the concerned District and Sessions Court for its disposal in accordance with law.