Conviction under Section 138 NI Act challenged in High Court appeal; appellant absent and no suspension of sentence ordered. The court observed that appeals from Metropolitan Magistrate convictions lie before the Court of Session under Section 374(3) Cr.P.C., rendering the appeal prima facie not maintainable.
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versus
STATE (GNCT OF DELHI) & ANR. .....Respondents Through: Mr. Mukesh Kumar, APP for State
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 23.10.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:01:58
appearing since 18.11.2023. The present appeal before this Court has been filed against the conviction recorded by Ld. MM in Complaint Case u/s 138 N.I. Act. Sub-section 374(3) Cr.P.C. provides that any person convicted in a trial held by Ld. MM, such person may appeal to the Court of Session. Thus, the present appeal, on the face of it, is not maintainable.
DINESH KUMAR SHARMA, J
OCTOBER 23, 2024 JN/DG..
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:01:58
1 issue framed by the court
Whether an appeal against conviction under Section 138 NI Act by a Metropolitan Magistrate lies before the High Court rather than the Court of Session as provided under Section 374(3) Cr.P.C.
2 provisions across 2 enactments
Devikant
State (GNCT of Delhi)
Dinesh Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
