TODI INVESTORS Vs. ASHIS KUMAR DUTTA

JUDGEMENT

(1.) The opposite party herein, initiated a petition of complaint U/s 138 of Negotiable Instrument Act against the present petitioner before the Learned Chief Judicial Magistrate Barrackpore vide Case No. 1966 of 2010. Subsequently, the case was transferred to the Court of Learned Judicial Magistrate 5th Court of Barrackpore. After conclusion of the trial Learned CJM found the present petitioner to be not guilty for the offence punishable U/s 138 of NI Act and thereby acquitted the present petitioner under sec. 255(1) of the Code of Criminal Procedure.

(2.) Learned Advocate appearing on behalf of the petitioner cited a decision reported in (2013)(2) Supreme Court Cases 2017. He pointed out that the principle of law has settled in the Judgment of SUBHAS CHAND (supra). It has clearly held that in a case instituted on a complaint and an order of acquittal is passed, whether offence be bailable or nonbailable, or cognizable or noncognizable, complainant can only file application U/s 378(4) Cr.P.C. for special leave to appeal against it in High Court but the, complainant cannot file such appeal in Sessions Court.

(3.) It is the fact that a complaint case arising out on the basis of a petition of complaint U/s 138 of N.I. Act is a private complaint. Let me consider whether the complainant of a complaint case filed U/s 138 of N.I Act can be treated as 'victim' as defined U/s 372 of the Code of Criminal Procedure. Sec. 372 of the Code of Criminal Procedure after its amendment allowed a victim to prefer an appeal against an order of acquittal before a court of appeal where ordinarily appeal lies against the order of conviction of such court.