Pragati Mahila Nagrik Sahakari Bank Maryadit, v. a. Channeya
Case brief
What is this about?
Keywords: Section 138 Negotiable Instruments Act; acquittal appeal; ACQA; proviso to Section 372 Cr.P.C.; victim's right to appeal against acquittal; Celestium Financial 2025 INSC 804 (08.04.2025); disposal reserving liberty; 45 days limitation; complaint by bank; dishonour of cheque. Parties: Pragati Mahila Nagrik Sahakari Bank Maryadit, Bhilai (appellant/complainant; styled 'Pragati Mahila Sahakari Bank Maryadit' in ACQA No.160 of 2020) v. A. Channeya S/o Chankesh (respondent/accused). Courts below: Judicial Magistrate First Class, Durg, C.G. — Complaint Case No.4678/2013 (judgment dated 21.10.2019) and RCC No.4677/2013 (judgment dated 05.08.2019). Outcome: appeals disposed of on concession, no decision on the merits of the acquittals; liberty to pursue statutory appeal under proviso to S.372 Cr.P.C. with protection against limitation objection.
What did the court decide?
Both acquittal appeals disposed of with liberty reserved to the appellants (complainant bank) to file an appeal within 45 days before the appropriate Court; the appellate Court seized of such an appeal filed within that period was directed not to insist upon limitation and to decide it in accordance with law; Registry directed to return certified copy of the impugned judgment/order and relevant documents to counsel for the appellants and to send back the records to the concerned Court.