Victim's appellate remedy in cheque dishonour matters may be pursued before the Sessions Judge after withdrawal of acquittal appeal.

A complainant in a cheque dishonour matter may also pursue the victim's appellate remedy under the proviso to Section 372 of the Code of Criminal Procedure, 1973, corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, rather than proceeding only under Section 378(4) CrPC. On that basis, the pending acquittal appeal was permitted to be withdrawn, with liberty to file a fresh appeal before the Sessions Judge within 60 days. The order also directs that limitation should not obstruct consideration if the fresh appeal is filed within that period.

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Issues: Whether the complainant in an appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881 should be permitted to withdraw the appeal with liberty to pursue the remedy available before the Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure, 1973 and the corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023.

Analysis: The order records reliance on the Supreme Court's exposition that a complainant in a cheque dishonour case is also a victim and may invoke the victim's appellate remedy under the proviso to Section 372 of the Code of Criminal Procedure, 1973, corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, instead of proceeding only under Section 378(4) of the Code of Criminal Procedure, 1973. On that basis, the Court accepted the request to withdraw the pending acquittal appeal and granted liberty to file an appeal before the concerned Sessions Judge within the stipulated time, with a direction that limitation should not obstruct consideration if the fresh appeal is filed within that period.

Outcome: The appeal was permitted to be withdrawn with liberty to file a fresh appeal before the Sessions Judge within 60 days.

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