This application for grant of leave to file appeal has been filed by complainant-Vikram Manshani against the judgment dated 12.02.2024 passed in Criminal Case No.3108/2016, where-underthe sole respondent has been acquitted of the charge under
Section 138 of the Negotiable Instruments Act.
It is not disputed that the cheque was issued in favour of the
applicant. Therefore, the applicant was victim of the crime as
defined under Section 2(y) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS), which reads as follows :
Section 2(y) “Victim” means a person who has
suffered any loss or injury caused by reason of
the act or omission of the accused person and
includes the guardian or legal heir of such
victim.”
If such complainant, is not a victim as defined above then,
he would be required to prefer leave application before the High
Court for preferring appeal against acquittal. However, if the
complainant is a victim of the crime, he/she shall have right
under Proviso to Section 413 BNSS to prefer appeal against
acquittal, conviction for a lesser offence or imposing inadequate
compensation.
The appellant would be at liberty to present an appeal against acquittal before concerned Sessions Judge within a period of 15 days from the date of this order.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Crml Leave To Appeal No. 384/2024
Vikram Manshani Vs Praveen Sharma
Coram: MR. JUSTICE BIRENDRA KUMAR
Dated: 06/08/2024.
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