Right of Appeal under CrPC 372: Supreme Court Affirms Victim’s Right in Cheque Dishonour Cases
- prime8legal
- Jul 10
- 2 min read
In a major step toward strengthening victim rights, the Supreme Court of India has upheld the right of appeal under CrPC 372 for complainants in cheque dishonour cases. This judgment ensures that victims can challenge acquittals, empowering individuals across Gurgaon, Delhi NCR, and other parts of India who seek justice under the Negotiable Instruments Act.
What is the right of appeal under CrPC 372?
The proviso to Section 372 of the Criminal Procedure Code (CrPC) grants victims the right to appeal an acquittal, sentence, or inadequate compensation. In this ruling, the Court clarified that this right of appeal under CrPC 372 is available even to complainants in cheque bounce cases under Section 138 of the NI Act.
Why This Matters for Cheque Dishonour Victims
No need to file under Section 378(4) anymore
Victims can directly file appeals without prior leave of High Court
It aligns with Article 21 and the right to fair trial and compensation
Cheque bounce cases now offer stronger redressal for complainants
Key Points from the Judgment
Victims are no longer dependent on prosecution to challenge acquittals
Section 2(wa) CrPC definition of “victim” includes complainants in NI Act
The right to appeal is statutory and independent
The Court emphasized that such complainants deserve a remedy in higher courts
How Prime 8 Legal Can Help
At Prime 8 Legal, our lawyers in Gurgaon and Delhi NCR assist victims in:
Drafting and filing appeals under CrPC 372
Representing in High Court for acquittal challenges
Ensuring legal compliance and timely action
Frequently Asked Questions
Q1: Can a complainant in cheque bounce cases appeal an acquittal?
Yes. As per the Supreme Court, the complainant can exercise the right of appeal under CrPC 372 independently.
Q2: Is prior leave from the High Court required?
No. This ruling confirms that no prior permission is needed under Section 378(4).
Q3: Who qualifies as a “victim” under CrPC?
A complainant in a cheque dishonour case is considered a “victim” under Section 2(wa) of CrPC.
Q4: How soon must I file an appeal?
Appeals should be filed within the statutory limitation period — usually 90 days from acquittal.
Consult Prime 8 Legal for guidance.
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