Victim can directly appeal against acquittal before Sessions Court, rules HC

The Punjab and Haryana High Court on Thursday said heavy pendency was preventing appeals against acquittals from being heard for years together before making it clear that victims of crimes — including those in cheque bounce cases — could now cut delay by directly appealing in the Sessions Court.

Justice Harpreet Singh Brar held that victims could directly move the Sessions Court without first seeking leave to appeal — a procedural hurdle required to be cleared before approaching the high court.

Justice Brar’s ruling, in line with the Supreme Court’s view, is significant as it says such appeals by victims no longer need prior permission.

“This court is clogged with thousands of cases filed under Section 378(4) of the CrPC, seeking leave to appeal against judgments of acquittal,” Justice Brar asserted.

The court added that a majority of these cases pertained to acquittal emanating from complaints filed in cheque bounce cases under Section 138 of the Negotiable Instruments Act with disputes involving comparatively lesser amounts.

Justice Brar asserted: “While every case is important to the Bar and the Bench, more often than not, these cases are not taken up for years due to heavy pendency, where matters pertaining to life and liberty as well as criminal appeals and revisions take precedence due to their urgent nature and relatively higher stakes.”

“Needless to say, in the future, an appeal by the victim against acquittal or the quantum of sentence awarded to the accused shall lie only before the Court of Sessions in both state cases and cases emanating from private complaints,” the Bench added.

Punjab