Filing an Appeal in a Cheque Bounce Case | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |
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“Is appeal permissible in a cheque bounce case ? Yes, filing an appeal before a higher Court is permissible in a cheque bounce case. Further, the alleged accused has to deposit 20% of the debt amount with the Court in order to file an appeal before a higher Court. Generally speaking tendering of a new evidence or document is not allowed in an appeal, however, there are decisions of the High Courts wherein a new evidence is allowed at an appeal stage. Appeal can be filed both against aquittal and conviction”
Appeal in case of Acquittal:
In a recent instance, the Madras High Court decided that under Section 378(4) of the Code of Criminal Procedure, 1973, an appeal against the acquittal of the accused in a cheque bounce case, can only be filed before the High Court. A High Court Bench comprising of Justices M.M. Sundresh, V Bharathidasan, and N. Anand Venkatesh ruled in the judgement of another full bench in S. Ganapathi v. N. Senthilvel (Crl. A (MD) No. 99 of 2015), stated that “An appeal against a Magistrate’s decision of acquittal on a complaint would lie only before the High Court, under Section 378 (4) of the Code of Criminal Procedure. In such circumstances, the complainant must apply for Special Leave under Section 378 (5) of the Criminal Procedure Code of 1973. Because it was determined without reference to the binding authority in Damodar S Prabhu and Subash Chand, the decision in S. Ganapathi case was considered to be a judgement delivered in carelessness, The complainant’s appeal in S. Ganapathi case was ruled to be maintainable before the sessions Court, which invoked the proviso to Section 372 of the Criminal Procedure Code. A single bench disagreeing with this view referred the matter to a larger bench, with the question as to whether the remedy lies against an order of acquittal passed by a Magistrate, on a complaint, which may be under proviso to section 372 of the Criminal Procedure Code or under section 378(4) of the Criminal Procedure Code of 1973.
Appeal made by Accused against Conviction:
Appeal can be preferred against conviction ,before the Court, by agreeing to a pay the minimum deposit of 20% in line with the judgment of the Hon`ble Supreme Court. The Apex Court decided that in a cheque bounce case the accused must deposit 20% of the sum under appeal. The Bench of Apex Court comprising of Ashok Bhushan and M.R. Shah has also underlined the retrospective application of Section 148 of the Act on Negotiable Instruments. In this clause, Courts are permitted to require defaulters to make a deposit during a cheque bounce. The Supreme Court had previously observed, “The fine or compensation awarded by the Trial Court under amended Section 148 of the Negotiable Instrument Act requires a deposit of a minimum of 20 percent and must be paid within 60 days of the order or within 30 days after such further duration, as may be determined by the Appeal Court for sufficient reason.
Authored By: Adv. Anant Sharma & Swayamsiddha Das