2015 (2) TMI 1258

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....BLE MR.JUSTICE N.ANANDA For the Appellant : Sri.Vigneshwar S.Shastry, Adv. For the Respondent : Sri.Sheejath Ahmed, Adv. for Krishnamurthy & Co. ORDER The short point for consideration is, whether appeal can be maintained against the judgment of acquittal for an offence punishable under Section 138 of Negotiable Instruments Act before the jurisdictional Sessions Court under proviso to ....

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.... before the Supreme Court, seeking special leave to appeal under Section 136 of the Constitution of India. Thus, in case of conviction there will be four levels of litigation. In the case of acquittal by JMFC, the complainant could appeal to the High Court under Section 378(4) Cr.PC and thereafter for special leave to appeal to the Supreme Court under Article 136. In such an inst....

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.... 5. In my considered opinion, a person presenting the complaint under Section 142 of N.I.Act., cannot be termed as a 'victim' defined under Section 2(wa) Cr.P.C. The proviso to Section 142 of N.I.Act reads thus:- 142. Cognizance of offences - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) - (a) no court shall take cognizance of any....