In a significant move streamlining appeal procedures in cheque bounce cases, the Madras High Court has ruled that victims can now directly file appeals against acquittal orders of judicial magistrates before the jurisdictional district courts, without first seeking leave from the High Court.
The directive will come into effect from July 7, 2025, following a judicial order issued by Justice G.K. Ilanthiraiyan on June 30, 2025. Consequently, the High Court’s Registrar (Judicial) has issued a notification informing lawyers and litigants that petitions seeking the High Court’s permission to file such appeals will no longer be entertained from the said date.
This decision stems from a recent ruling by the Supreme Court in Celestium Financial v. A. Gnanasekaran (2025). In that case, the apex court clarified that victims in cheque dishonour matters under the Negotiable Instruments Act, 1881, are entitled to appeal acquittals as a matter of right, without requiring leave under Section 378(4) of the Code of Criminal Procedure (CrPC).
The Supreme Court held:
“A person convicted of a crime has the right to prefer an appeal under Section 374 of the Code of Criminal Procedure as a matter of right and not being subjected to any conditions. Similarly, a victim of a crime, whatever be the nature of the crime, unconditionally must have a right to prefer an appeal.”
The ruling emphasized that the requirement of seeking leave to appeal applied only when the complainant was not the actual victim of the crime—a scenario not applicable in most cheque bounce cases where the complainant is the aggrieved party.
Given that the Supreme Court did not clarify whether the ruling should apply retrospectively or prospectively, Justice Ilanthiraiyan opted to apply it prospectively from July 7, 2025. He also directed the High Court Registry to circulate his order to all district courts across Tamil Nadu and Puducherry, ensuring uniform compliance with the new procedure.
