Parvin Goyal v. Gurpreet Pal & Anr.
Case brief
What is this about?
Keywords: leave to appeal against acquittal; proviso to Section 372 Cr.P.C.; Section 378(4) Cr.P.C.; victim; Section 2(wa) Cr.P.C.; private complaint; complainant as victim; Section 413 BNSS 2023; Section 138 Negotiable Instruments Act, 1881; Celestium Financial v. A. Gnanasekaran; Mallikarjun Kodagali v. State of Karnataka; M/s Associated Road Carriers Limited v. Manjit Singh; Satish Kumar v. Jugal Kishor; Sessions Judge Sangrur; Parvin Goyal v. Gurpreet Pal; acquittal; cheque complaint. Relevant when researching whether a complainant in a privately instituted complaint case (e.g., under Section 138 NI Act) may appeal against acquittal under the proviso to Section 372 Cr.P.C. rather than Section 378(4) Cr.P.C., and the corresponding Section 413 BNSS 2023 route.
What did the court decide?
Application disposed of with directions to the learned Sessions Judge, Sangrur, to treat the leave to appeal as an appeal under Section 372 Cr.P.C., entrust it to an appropriate Court, and decide the appeal on merits expeditiously, without adherence to the delay aspect; Registry directed to transmit the order alongwith the complete paper-book and return the Trial Court record, if received, to the learned Sessions Judge, Sangrur.