Victims Can Appeal Acquittals Without Special Leave, Court Affirms u/s 413 BNSS, Emphasizes Appeal Rights.

The court ruled that the complainant, deemed a victim under Section 2(y) of BNSS, has the right to appeal an acquittal under Section 413 BNSS without requiring special leave. The judgment distinguished between victims and complainants regarding appeal rights, emphasizing that victims can appeal without leave. The appellant was granted liberty to file an appeal against the acquittal before the Sessions Judge within 15 days. The court disposed of the leave to appeal, affirming the victim's statutory right to appeal without needing special leave, while complainants not classified as victims must seek leave to appeal.

---

---

Issues:
Grant of leave to file appeal under Section 138 of the Negotiable Instruments Act, interpretation of victim's rights under Section 2(y) of BNSS, applicability of Section 413 BNSS, distinction between victim and complainant in terms of appeal rights, requirement of special leave to appeal for complainants not falling under victim definition.

Analysis:
The judgment pertains to an application for grant of leave to file an appeal by the complainant against an order acquitting the sole respondent of a charge under Section 138 of the Negotiable Instruments Act. The court acknowledged that the complainant was a victim as per Section 2(y) of BNSS, having suffered loss due to the accused's act. The court highlighted Section 413 BNSS, which allows victims to appeal without the need for leave, emphasizing the right of victims to appeal against acquittal, conviction for lesser offense, or inadequate compensation.

In citing precedents such as Mallikarjun Kodagali Vs. State of Karnataka and Joseph Stephen Vs. Santhanasamy, the court reiterated that victims have a statutory right of appeal under Section 372 proviso, not requiring special leave like complainants. The judgment also referenced Section 419 of BNSS, equivalent to Section 378(4) Cr.P.C., which mandates special leave for complainants not falling under the victim definition. The distinction between victims and complainants in terms of appeal rights was emphasized, with victims having the right to appeal under the proviso to Section 413 BNSS.

The court clarified that if a complainant is not a victim as defined, they must seek leave for appeal before the High Court. However, if the complainant falls under the victim category, they can appeal against acquittal without leave. The judgment granted the appellant the liberty to present an appeal against acquittal before the concerned Sessions Judge within 15 days, considering the appellant's genuine pursuit of the matter before the wrong forum. Ultimately, the leave to appeal was disposed of, affirming the victim's right to appeal without the need for special leave.

---