https://www.taxtmi.com/caselaws?id=465292 In a private complaint under section 138 of the Negotiable Instruments Act, the High Court held that the complainant, as a victim, could invoke the proviso to section 372 of the Code of Criminal Procedure instead of seeking special leave under section 378(4). Reading the two provisions harmoniously, the Court applied the statutory definition of "victim" and the principle that appellate remedies should be construed to avoid anomaly and preserve an effective forum. The matter was therefore treated as a victim's appeal under section 372 and transferred to the competent Sessions Court for disposal, making special leave under section 378(4) unnecessary in that situation. en-us Wed, 02 Jul 2025 00:00:00 +0530 Fri, 12 Dec 2025 18:12:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465292 In a private complaint under section 138 of the Negotiable Instruments Act, the High Court held that the complainant, as a victim, could invoke the proviso to section 372 of the Code of Criminal Procedure instead of seeking special leave under section 378(4). Reading the two provisions harmoniously, the Court applied the statutory definition of "victim" and the principle that appellate remedies should be construed to avoid anomaly and preserve an effective forum. The matter was therefore treated as a victim's appeal under section 372 and transferred to the competent Sessions Court for disposal, making special leave under section 378(4) unnecessary in that situation. Case-Laws Indian Laws Wed, 02 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465292