Cheques dishonour acquittal challenge lies only through special leave appeal by the complainant, not victim appeal.

A complainant in a cheque dishonour prosecution under Section 138 of the Negotiable Instruments Act is not a "victim" for purposes of the proviso to Section 372 of the Code of Criminal Procedure. The Court explained that the victim's appeal right under Section 372 is a substantive remedy for persons who previously lacked an effective appeal, but it does not displace the long-established route for challenging an acquittal in a complaint case. Accordingly, an acquittal in such proceedings can be challenged only by the complainant through an appeal under Section 378(4) after obtaining special leave; a direct appeal under Section 372 is not maintainable.

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Issues: Whether a complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, on acquittal of the accused, can prefer an appeal as a victim under Section 372 of the Code of Criminal Procedure, 1973, or whether the remedy lies only by seeking special leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973.

Analysis: The remedy under the proviso to Section 372 of the Code of Criminal Procedure, 1973 was introduced to confer a substantive right of appeal on victims who previously had no effective appellate remedy. The Court held that a complainant in proceedings under Section 138 of the Negotiable Instruments Act, 1881 does not stand on the same footing as a victim within the meaning of Section 2(wa) of the Code of Criminal Procedure, 1973. Such proceedings are initiated by complaint, and an acquittal therein has traditionally been challengeable only by the complainant under Section 378(4) of the Code of Criminal Procedure, 1973, after obtaining special leave. The Court further held that the amendments to Section 372 did not alter this position for cheque dishonour complaints, and that the broader concept of injury under Section 44 of the Indian Penal Code, 1860 could not be imported to enlarge the meaning of victim for this purpose.

Conclusion: The complainant's remedy against acquittal in a Section 138 complaint is only an appeal under Section 378(4) of the Code of Criminal Procedure, 1973 with special leave, and an appeal under Section 372 is not maintainable.

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