AV (Graduate) 05 June 2024
Accused Acquitted in lower court
we have to file appeal in ni 138 case
copy application of judgment filed on 26/2/24 but judgement given on 19/4/24
can we file appeal - what is limitation period - is it 30 days - should we have to file delay consolation petition
or is it 6 months time period to go to high court under sec 378(4) CRPC for leave to appeal
or can we to go directly to sessions court ?
can you pls clarify
thank you
T. Kalaiselvan, Advocate (Advocate) 05 June 2024
Thus, a complainant in a case U/s 138 of the Act of 1881 could not challenge the order of acquittal before the Sessions Court under the proviso to Section 372 of the Code and his only remedy is to file an appeal to the High Court with special leave under Section 378(4) of the Code.
It is to be filed within sixty days from the date of receipt of certified copies.
Advocate Bhartesh goyal (advocate) 05 June 2024
Complainant has to file SLP u/sec 378(4) of Cr.P.C before High Court against the acquittal order within sixty days of order ( time to obtain certified copy of order shall be excluded )
P. Venu (Advocate) 05 June 2024
Yes the appeal lies to the High Court. Limitation commences from the date of Judgment. But time taken getting the certifed copy is excuded. May be, the High Court is having summer vacation at present.
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