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Filing an Appeal in a Cheque Bounce Case

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Published date: November 7, 2023
  • Location: Janak Puri, New Delhi, New Delhi, Delhi, India
Filing an Appeal in a Cheque Bounce Case
Filing an Appeal in a Cheque Bounce Case
In a recent instance, the Madras High Court decided that under Section 378(4) of the Code of Criminal Procedure, 1973, an appeal against the acquittal of the accused in a cheque bounce case, can only be filed before the High Court. A High Court Bench comprising of Justices M.M. Sundresh, V Bharathidasan, and N. Anand Venkatesh ruled in the judgement of another full bench in S. Ganapathi v. N. Senthilvel (Crl. A (MD) No. 99 of 2015), stated that “An appeal against a Magistrate’s decision of acquittal on a complaint would lie only before the High Court, under Section 378 (4) of the Code of Criminal Procedure. In such circumstances, the complainant must apply for Special Leave under Section 378 (5) of the Criminal Procedure Code of 1973. Read more

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