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2022 (3) TMI 315 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - acquittal of the accused - discharge of legal/debt liability or not - default on account of non appearance of the complainant - HELD THAT:- In view of provisions of Section 378(4) Cr.P.C., it has become clear that in case of acquittal in a complaint case, the remedy before the complainant to file an appeal was only before the High Court. The said Section makes provision for appeal against an order of acquittal passed in case instituted upon complaint. Further, in view of Section 378(1)(a) and (b) of the Code, an appeal against an order of acquittal passed by the Magistrate can only be filed before the Sessions Court in respect of cognizable and non-bailable offence and all other cases where orders of acquittal have been passed, appeal can only be filed to the High Court. In the present case, the complaint case filed under Section 138 of the N.I. Act against the petitioner was dismissed in default on account of non appearance of the complainant - It is well settled principle of law that dismissal of a complaint in default of appearance of the complainant amounts to acquittal of the accused and the remedy to the complainant for filing an appeal against the said order of acquittal would lie before the High Court by filing leave to appeal and not before the Sessions Court. Petition allowed.
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