Negotiable Instruments Act, 1881 – Section 138 – Dismissal of complaint for want of prosecution – Resultant discharge of accused – Remedy available to complainant/victim – Appeal maintainable before Sessions Court under proviso to Section 372 CrPC.

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Criminal Procedure – Appeal against acquittal in cheque dishonour case – Complaint under Section 138 Negotiable Instruments Act dismissed for want of prosecution – Complainant filing appeal before High Court under Section 378(4) CrPC – Maintainability – Held, where complainant is also a “victim”, appeal lies before Sessions Court under proviso to Section 372 CrPC – Appeal before High Court not maintainable.

(Paras 3–5)

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Negotiable Instruments Act, 1881 – Section 138 – Dismissal of complaint for want of prosecution – Resultant discharge of accused – Remedy available to complainant/victim – Appeal maintainable before Sessions Court under proviso to Section 372 CrPC.

(Paras 2–5)

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Criminal Procedure Code, 1973 – Section 372 Proviso – Right of victim to file appeal – Applicability to cheque dishonour cases – Complainant treated as “victim” – Appeal lies before Sessions Court.

(Paras 4–5)

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Precedent – Supreme Court decision – M/s Celestium Financial v. A. Gnanasekaran (2025 LiveLaw (SC) 666) – Principle reiterated – Complainant who is also a victim in cheque dishonour case may prefer appeal under proviso to Section 372 CrPC.

(Para 4)

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Procedure – Appeal filed in wrong forum – High Court directing return of original bundle – Liberty granted to represent appeal before competent Sessions Court within specified time – Sessions Court directed to consider appeal and delay condonation petition in accordance with law.

(Para 6)

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Result:

Appeal returned to appellant for presentation before the concerned Sessions Court within four weeks.
(Para 7)