Embedded Files
Cheque Bounce Case 2026: Complainant Has Right to Appeal as “Victim” – Revision Not Maintainable
Expert Legal Guide by Advocate Akanksha Roy – Best Cheque Bounce Lawyer in Delhi
Important High Court Judgment Every Cheque Bounce Litigant Must Know
In a significant and impactful ruling, the Kerala High Court in Liji v. State of Kerala [2026:KER:12589] has clarified the correct legal remedy available to a complainant in cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881.
This judgment removes major procedural confusion regarding appeal vs revision and strengthens the rights of complainants.
As a leading Best Cheque Bounce Case Lawyer in Delhi, Advocate Akanksha Roy explains this judgment in a simple, practical, and legally precise manner.
Brief Facts of the Case
Complaint filed under Section 138 NI Act
Trial Court → Convicted the accused
Appellate Court → Acquitted the accused
Complainant → Filed revision before High Court
Core Legal Issue
Can a complainant file a revision against acquittal?
High Court’s Clear Answer
The Kerala High Court held:
The complainant is a “victim” under Section 2(wa) CrPC
Has a statutory right to appeal under Section 372 CrPC (proviso)
No need to seek special leave
Revision petition is not maintainable
Key Observation:
When a statutory appeal remedy exists, revision cannot be entertained.
Legal Analysis: Section 372 vs Section 378 CrPC (Practical Understanding)
Understanding this distinction is crucial for success in cheque bounce cases.
1. Position Before 2009 Amendment
No independent right of appeal for complainant
Only option → Section 378(4) CrPC
Required special leave from High Court
Time-consuming and technical
2. After 2009 Amendment – Strong Victim Rights
The law changed with insertion of:
Proviso to Section 372 CrPC
Now:
Victim can appeal against acquittal
No permission required
Faster and more effective remedy
3. What is Section 372 CrPC?
Gives direct right of appeal to victim
Covers:
Acquittal
Lesser conviction
Inadequate compensation
This is a powerful statutory right
4. What is Section 378(4) CrPC?
Applies to complaint cases
Appeal lies to High Court
Special leave is mandatory
This is a restricted and conditional remedy
5. Key Difference
Point. Section 372 Section 378(4)
Who files Victim Complainant
Leave required No Yes
Nature Strong right Conditional
Speed Faster Slower
Practical use Preferred Secondary
6. Application in Cheque Bounce Cases
Courts have clarified:
Payee of cheque = Victim
Financial loss = Direct injury
Therefore:
Complainant can directly file appeal under Section 372 CrPC
7. Why Revision is Not Maintainable?
As per Section 401(4) CrPC:
If appeal lies, revision cannot be filed.
Practical Effect:
Filing revision → Dismissal
Filing appeal → Correct remedy
8. Supreme Court Support
Relied on:
Celestium Financial v. A. Gnanasekaran (2025)
Confirms complainant is a victim
Allows appeal without special leave
9. Relief Granted by High Court
Revision dismissed
Limitation protection granted
Time spent in revision excluded
Complainant can still file proper appeal
Why This Judgment is Important for Delhi Cases
This ruling is highly relevant for:
Rohini Court cheque bounce cases
Tis Hazari recovery matters
Saket & Dwarka NI Act cases
Delhi High Court appeals
Practical Benefits:
Faster remedy
Stronger legal position
Avoids procedural rejection
Better recovery chances
Practical Legal Advice (Very Important)
If You Are a Complainant:
File appeal under Section 372 CrPC
Do NOT file revision
Act within limitation
Take expert legal advice
If You Are an Accused:
Challenge revision maintainability
Use Section 401(4) CrPC
Raise procedural objections
Common Mistakes to Avoid
Filing revision instead of appeal
Filing under wrong provision
Delay in filing
Not understanding victim rights
These mistakes can lead to dismissal of your case.
Why Choose Advocate Akanksha Roy?
Recognized as Best Cheque Bounce Lawyer in Delhi
Expertise in Section 138 NI Act cases
Strong appellate drafting & strategy
Practice across all Delhi courts
Focus on fast and effective recovery
Contact – Expert Cheque Bounce Lawyer in Delhi
If you are dealing with:
Cheque bounce / dishonour
Acquittal challenge
Recovery litigation
NI Act disputes
Contact Advocate Akanksha Roy today
Top Cheque Bounce Case Lawyer in Delhi
Rohini | Tis Hazari | Saket | Dwarka | Delhi High Court
SEO Keywords
Best Cheque Bounce Lawyer in Delhi, Section 138 NI Act Lawyer Delhi, Cheque Dishonour Advocate Rohini Court, NI Act Appeal Lawyer Delhi, Section 372 CrPC Appeal, Top Criminal Lawyer Delhi, Cheque Bounce Case Advocate Akanksha Roy
Google Sites
Report abuse