Victim's appeal right in cheque dishonour complaints prevails over special leave under criminal procedure law.

A victim in a cheque dishonour prosecution, including the payee or holder of the cheque in a private complaint under Section 138 of the Negotiable Instruments Act, has a right to appeal under the proviso to Section 372 of the Code of Criminal Procedure. The court applied the view that this statutory victim's appeal right is not displaced by the requirement of special leave under Section 378(4) where the complainant falls within the definition of victim under Section 2(wa) of the Code. The leave application was therefore directed to be treated as an appeal under Section 372 and forwarded for disposal by the appropriate court.

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Issues: Whether the complainant in a cheque dishonour case was entitled to have the leave application treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, instead of proceeding under Section 378(4) of the Code of Criminal Procedure, 1973.

Analysis: The order applied the principle that a victim of an offence, including the payee or holder of a cheque in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, has a right to prefer an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973. It relied on the view that insistence on special leave under Section 378(4) is inconsistent with the victim's statutory right where the complaint is a private complaint and the victim falls within the definition of victim under Section 2(wa) of the Code of Criminal Procedure, 1973.

Outcome: The leave application was directed to be treated as an appeal under Section 372 of the Code of Criminal Procedure, 1973 and sent to the appropriate court for disposal.

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