NATIONAL PLYWOOD INDUSTRIES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying that order dated 19th July, 2012 passed by the Court of Additional Sessions Judge, 3rd Fast Track Court, Calcutta whereby the Additional Sessions Judge entertained appeal against acquittal, be set aside.

(2.) Petitioner herein had issued a cheque, which, on presentation, had bounced. Opposite party filed a complaint to prosecute the petitioners for an offence under Section 138 of the Negotiable Instruments Act. Acquittal of the petitioners was assailed by the opposite party by filing Criminal Appeal No.10 of 2012. For filing the appeal, opposite party relied upon newly added proviso to Section 372 of the Code of Criminal Procedure.

(3.) An argument was raised by the petitioners before the Court below that acquittal of the petitioners could not be assailed in an appeal as the only remedy available for the opposite party was to seek leave to appeal under Section 378(4) of the Code of Criminal Procedure. It was stated before the Court below that there is a distinction between victim and the complainant.