Cheque bounce case acquittals can be challenged before district courts from July 7: Madras High Court

Victims in cheque bounce cases can henceforth file appeals, against judicial magistrates’ acquittal orders, directly before the jurisdictional district courts without having to approach the Madras High Court seeking its leave to file the appeals against the acquittal of the accused.

The Madras High Court’s Registrar (Judicial) has issued a notification intimating lawyers and litigants that the High Court would not entertain petitions to grant leave, to file appeals, from Monday (July 7, 2025) in accordance with a judicial order passed Justice G.K. Ilanthiraiyan.

While hearing two such leave petitions on June 30, 2025, the judge pointed out the Supreme Court in Celestium Financial versus A. Gnanasekaran (2025) had ruled victims in cheque bounce cases were entitled to file appeals as a matter of right without having to seek the leave of the High Court.

The top court had pointed out the procedure of filing appeals, against acquittal orders passed by judicial magistrates, in the High Court, that too after obtaining its leave, had to be followed only in cases where the private complainants were not the victims in a criminal case.

“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 Supreme Court had said.

However, since the top court had not mentioned whether its decision should be given effect retrospectively or prospectively, Justice Ilanthiraiyan decided to give effect to it from July 7, 2025. “The district courts are directed to entertain the appeals... from July 7, 2025 onwards,” he ordered.

The judge also directed the High Court Registry to circulate his order to all district courts in Tamil Nadu and Puducherry.