🔍 Legal Learning – Cheque Dishonour Cases & Right to Appeal as Victim
📜 Key Principle:
A complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 is legally recognized as a “victim” under Section 2(wa) of the Code of Criminal Procedure, 1973 (now Section 2(y) of the Bharatiya Nagarik Suraksha Sanhita).
📌 What It Means:
➡️ The complainant (i.e., the person whose cheque was dishonoured) has suffered an economic loss and is, therefore, a "victim" as defined under CrPC.
➡️ As a “victim,” they are entitled to file an appeal against acquittal under the proviso to Section 372 CrPC, without seeking special leave under Section 378(4) CrPC.
🧾 Important Takeaways:
✅ No Need to Label "Charge" Formally – Even in cheque bounce cases, the accused is deemed to be “charged” because the law presumes commission of offence upon dishonour.
✅ Proviso to Section 372 CrPC grants the victim an absolute right to appeal against acquittal – no permission required from the High Court.
✅ Economic loss due to dishonoured cheque qualifies as injury/loss under Section 2(wa) CrPC.
✅ Complainant and victim are the same person in NI Act cases.
⚖️ Impact:
A major recognition of complainants’ rights – allowing more direct access to justice when courts acquit accused in cheque dishonour matters.
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