Sir, am a complainant in a cheque bounce case and the accused got acquitted in the lower court, the judgement was pronounced on 17th august, 2017. I received the judgement copy on 8th October, 2017. what is the time period in which I must file the appeal in high court-is it 2 months or 3 months from the time of judgement/ the procurement of certified copy. kindly answer.
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It is 3 months and is provided in the judgement in case is not provided then it is 90 days to go for appeal against the decision of the Lower court in the High Court.
It can be filed letter as well but you must need a valid reason for condonation of delay
The complainant in a case under Section 138 of the Negotiable Instruments Act cannot challenge the order of acquittal before the Sessions Court under the proviso to Section 372 of the Cr.P.C. and his remedy is only to file an appeal to the High Court with special leave under Section 378 (4) Cr.P.C.
it should be filed within period of 3 months of receipt of certified copy of order
Sir the appeal limitation is 90 days from date of order. The appeal agasint appeal need to be made to high court under 378(4) Crpc.
The limitation for preferring an appeal against the order of acquittal by the victim is 90 days in all cases, other than the cases instituted upon complaint, and 60 days for any case instituted upon complaint against the order of acquittal after the High Court grants special leave to appeal.
90 days from the date of decree Or order.
if you knew outcome of your complaint on the day of its pronouncement, i.e. judge orally informed that order is against the complainant, then your limitation period for filing appeal will begin from the date of pronouncement of judgment
however if the judge did not declare or pronounce the verdict then you would have knowledge about the outcome of your complaint only on receiving certified copy of judgement. So in that case the limitation period will be counted from date of receipt of certified copy of judgement
90 days.
There is a three month time bar to file an appeal but you can also file an appeal after that period by the way of forwarding an application of condonation of delay along with the appeal with proper grounds for the delay
thanks a lot all learned lawyers. I got the time limit (90 days) but reading all answers created this confusion. From which date this limit starts, is it from the date of judgement i.e., 17th august, in which case my date is over on 17th November or from the date I received the certified copy i.e 8th October, in this case, my time ends on 8th January. as one learned lawyer pointed out that the time starts from the day of judgement is pronounced as it was read aloud and the complainant was aware of the decree, which is in contrast to few others who said otherwise. kindly clarify.
time for filing of appeal would be 90 days from receipt of certified copy of order
It will start from 4 5 days later from date of judgement as certified copy issue takes 3 4 days.
From date of order it is 90 days under limitation act.
if the judge pronounced judgment in open court that complaint is dismissed then you will be aggrieved and thus your cause of action to file appeal will be counted from that date
limitation to file appeal will be counted from 17.8.18
there is not a significant delay
you can prefer a appeal by saying that it is within time as you got certified copy only on 8.10.18 and if there is any delay then it may be condoned
It is from the date of recieving the judgement other wise you can also file an application for condonation of delay
2 months if complainant is normal individual or 3 months if public servant from 8th October. As per section 378(5) of crpc
Date of received crtified copy which is 8.10
The time limit to prefer an appeal before high court is 90 days.
The time taklen for procuring the certified copies of the judgment shall be excluded while computing the time limit for preferring the proposed appeal.
The time starts from the date of pronouncement of judgment, this will exclude the time taken for procuring the certified copies of the judgment.
The limitation starts from the ate when you obtain the certified copy of the order
