Case Law Details
Todi Investors Vs Ashis Kr. Dutta & Anr. (Calcutta High Court)
A complainant in a case U/s 138 of NI Act (in cheque bounce ) is not entitled to file an appeal against acquittal according to the provision of Section 372 of Cr.P.C rather he may prefer an appeal before the Hon’ble High Court invoking the provision of Section 378(4) of the Cr.P.C. and not before Sessions Court.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
The opposite party herein, initiated a petition of complaint U/s 138 of Negotiable Instrument Act against the present petitioner before the Learned Chief Judicial Magistrate Barrackpore vide Case No. 1966 of 2010. Subsequently, the case was transferred to the Court of Learned Judicial Magistrate 5th Court of Barrackpore. After conclusion of the trial Learned CJM found the present petitioner to be not guilty for the offence punishable U/s 138 of NI Act and thereby acquitted the present petitioner under section 255(1) of the Code of Criminal Procedure.
Against such order of acquittal an appeal has been preferred before the Learned Sessions Judge, North 24 Parganas vide a Criminal Appeal No. 101 of 2015 thereafter it was heard by Learned Additional Sessions Judge, Fast Track 3rd Court Barrackpore, North 24 Parganas, wherein Learned Additional Sessions Judge, set aside the order of acquittal passed by the Leaned Judicial Magistrate and found the present petitioner to be guilty of the offence punishable U/s 138 of Negotiable Instrument Act and convict the present petitioner U/s 255(2) of Cr.P.C.
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