In a significant ruling on victim rights in cheque dishonour cases, the Andhra Pradesh High Court has clarified that a complainant who is also a victim can appeal an acquittal under the proviso to Section 372 of the Code of Criminal Procedure (CrPC), equivalent to Section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court directed the appellant to file the appeal before the concerned Sessions Court, marking a crucial development in procedural criminal law.
Background & Facts
The Dispute
The appellant, Andhavaram Venkata Satyanarayana Murthy, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the accused, Yenni Venkata Ramana, for dishonour of a cheque. The cheque, issued in discharge of a legally enforceable debt, was returned unpaid, leading to the complaint. The trial court, however, dismissed the complaint for want of prosecution and acquitted the accused.
Key Facts
- The appellant, a complainant-victim, alleged that the accused issued a cheque that was dishonoured due to insufficient funds
- The complaint was filed under Section 138 NI Act, which criminalises the dishonour of cheques for insufficiency of funds
- The trial court dismissed the complaint in C.C. No. 232 of 2019 on 08.10.2025 for want of prosecution, resulting in the acquittal of the accused
Procedural History
- 08.10.2025: Trial Court (Judicial Magistrate of First Class, Srikakulam) dismissed the complaint and acquitted the accused
- Post-08.10.2025: Appellant filed Criminal Appeal No. 313 of 2026 before the Andhra Pradesh High Court under Section 378(4) CrPC, challenging the acquittal
- 15.06.2026: High Court heard the appeal and issued the present order
Relief Sought
The appellant sought to challenge the acquittal of the accused and prayed for the appeal to be entertained under the proviso to Section 372 CrPC, which permits a victim to appeal against an acquittal in certain cases.
The Legal Issue
The central question before the Court was whether a complainant-victim in a case under Section 138 NI Act can prefer an appeal against the acquittal of the accused under the proviso to Section 372 CrPC, and if so, before which forum the appeal should be filed.
Arguments Presented
For the Appellant
The appellant’s counsel, Aravala Rama Rao, relied on the judgment of the Supreme Court in M/s. Celestium Financial v. A. Gnanasekaran (2025 LiveLaw (SC) 666). It was argued that the proviso to Section 372 CrPC permits a victim, including a complainant in a cheque dishonour case, to appeal against an acquittal. The counsel submitted that the appeal grounds should be returned to the appellant to enable him to file the appeal before the concerned Sessions Court, as required by the proviso to Section 372 CrPC.
The Court's Analysis
The High Court examined the scope of the proviso to Section 372 CrPC, which states that a victim may prefer an appeal against an order of acquittal. The Court noted that the term "victim" includes a complainant in a case under Section 138 NI Act, as the dishonour of a cheque causes financial harm to the complainant. The Court relied on the Supreme Court’s decision in M/s. Celestium Financial v. A. Gnanasekaran, which held that a complainant-victim in a cheque dishonour case can appeal an acquittal under the proviso to Section 372 CrPC.
"The Hon’ble Apex Court in the above judgment relied on by the learned counsel for the appellant held that 'if the complainant is also a victim, they can prefer appeal under the proviso to section 372 Cr.P.C., in the case of dishonoured cheque also'."
The Court observed that the appeal under Section 378(4) CrPC, which was initially filed before the High Court, was not maintainable in this context. Instead, the appeal should be filed before the concerned Sessions Court under the proviso to Section 372 CrPC, which is equivalent to Section 413 of BNSS, 2023.
The Verdict
The High Court directed the Registry to return the appeal papers to the appellant, along with the delay condonation application, to enable him to represent the appeal before the concerned Sessions Court. The Court ordered that the appeal and delay condonation petition be filed within 4 weeks from the date of receipt of the order. The Sessions Court was directed to proceed with the appeal and delay condonation petition in accordance with the law. The appeal before the High Court was accordingly returned.
What This Means For Similar Cases
Victim-Complainant’s Right to Appeal Acquittal
This judgment reaffirms that a complainant-victim in a cheque dishonour case under Section 138 NI Act has the right to appeal an acquittal under the proviso to Section 372 CrPC. Practitioners should note:
- The appeal must be filed before the concerned Sessions Court, not the High Court
- The proviso to Section 372 CrPC is applicable even in cases of cheque dishonour, as the complainant is considered a victim
Forum for Appeal Under Section 372 CrPC
- The judgment clarifies that appeals under the proviso to Section 372 CrPC must be filed before the Sessions Court, not the High Court
- This aligns with the procedural requirements under Section 413 of BNSS, 2023, which is the equivalent provision
- Practitioners must ensure compliance with the 4-week deadline for filing the appeal before the Sessions Court
Implications for Cheque Dishonour Cases
- The ruling strengthens the legal recourse available to victims of cheque dishonour, ensuring they are not left without remedy in cases of acquittal
- It underscores the importance of Section 138 NI Act as a tool for financial redress, while also providing procedural clarity for appeals
