Victim can directly appeal against acquittal before Sessions Court, rules HC

A bulk of these cases pertain to acquittal emanating from complaints filed successful cheque bounce cases

The Punjab and Haryana High Court connected Thursday said dense pendency was preventing appeals against acquittals from being heard for years unneurotic earlier making it wide that victims of crimes — including those successful cheque bounce cases — could present chopped hold by straight appealing successful the Sessions Court.

Justice Harpreet Singh Brar held that victims could straight determination the Sessions Court without archetypal seeking permission to entreaty — a procedural hurdle required to beryllium cleared earlier approaching the precocious court.

Justice Brar’s ruling, successful enactment with the Supreme Court’s view, is important arsenic it says specified appeals by victims nary longer request anterior permission.

“This tribunal is clogged with thousands of cases filed nether Section 378(4) of the CrPC, seeking permission to entreaty against judgments of acquittal,” Justice Brar asserted.

The tribunal added that a bulk of these cases pertained to acquittal emanating from complaints filed successful cheque bounce cases nether Section 138 of the Negotiable Instruments Act with disputes involving comparatively lesser amounts.

Justice Brar asserted: “While each lawsuit is important to the Bar and the Bench, much often than not, these cases are not taken up for years owed to dense pendency, wherever matters pertaining to beingness and liberty arsenic good arsenic transgression appeals and revisions instrumentality precedence owed to their urgent quality and comparatively higher stakes.”

“Needless to say, successful the future, an entreaty by the unfortunate against acquittal oregon the quantum of condemnation awarded to the accused shall prevarication lone earlier the Court of Sessions successful some authorities cases and cases emanating from backstage complaints,” the Bench added.