Rajasthan HC affirms complainant's right to appeal NI Act acquittals
- Rajasthan HC allows appeals against acquittals in NI Act cases.
- The ruling applies to both trial court and appellate court acquittals.
- Withdrawing cheque bounce complaints at Lok Adalats is now treated as an acquittal.
- Writ petitions to revive Lok Adalat-withdrawn complaints were dismissed.
- Legal remedies for such acquittals must be sought under the BNSS.
Justice Farjand Ali granted such leave to appeal in a case involving the Negotiable Instruments Act, where an accused was convicted by a trial court but later acquitted by an appellate court.
The Court allowed the appeal to proceed, stating that procedural technicalities should not defeat the ends of justice. The court allowed an appeal to proceed even though the Registry had inadvertently registered it without the required formal permission.
In a separate observation, Justice Vikram D Chauhan noted that an elected representative has a duty to raise concerns regarding minority communities and that questioning rights does not constitute an offence. The court stated that if an elected representative's statements are inaccurate, the appropriate remedy is parliamentary debate or public discourse rather than criminal proceedings.
Lok Adalat withdrawals deemed as acquittals under BNSS
The Rajasthan High Court dismissed 39 writ petitions from Ugro Capital Ltd on 2 November 2026. The court ruled that withdrawing a cheque bounce complaint at a Lok Adalat is equivalent to an acquittal.
Ugro Capital Ltd argued the complaints were withdrawn due to a clerical error without any compromise. The court ruled that the company must seek remedies against the acquittal under the BNSS.
The Rajasthan High Court currently employs 3,991 staff members, which is an increase of 784 people.
The Allahabad High Court dismissed a plea seeking an FIR against Rahul Gandhi on 5 November 2026. The plea concerned remarks about the insecurity of Sikhs made in the United States on 9 September 2024.
Complainant Nageshwar Mishra argued the speech was provocative and sought an FIR in Varanasi. Additional Chief Judicial Magistrate Niraj Kumar Tripathi dismissed the complaint on 17 October 2025.
A sessions court dismissed a revision plea on 9 July 2026, leading to the High Court challenge. The High Court found no evidence that the speech incited secession or endangered the sovereignty of India.
Nagarathna is a judge of the Supreme Court of India. Born on 30 October 1962, Justice Nagarathna is the daughter of the late Justice E.S. Venkataramiah.
Justice Nagarathna earned a law degree from the University of Delhi in 1987. She practiced in Bangalore before her appointment as an Additional Judge of the Karnataka High Court in 2008.
She became a Permanent Judge in 2010 and joined the Supreme Court on 31 August 2021. Justice Nagarathna is expected to become the 54th Chief Justice of India on 25 September 2027.
During her time at the Karnataka High Court, she disposed of 37,531 cases at the Principal Bench.
Nagarathna and Ujjal Bhuyan quashed a 9 July 2025 Ministry of Home Affairs letter. The bench also expressed reservations regarding the Gulfisha Fatima judgment.
Regarding the film Ghooskhor Pandat, the respondents agreed to change the movie title. In a challenge to Section 17-A of the Prevention of Corruption Act, Justice Nagarathna struck down the provision.
The bench ruled the Surrogacy Act cannot be applied retrospectively to couples who froze embryos before 25 January 2022. They also stated courts must handle matrimonial disputes with care to avoid abuse.
Viswanathan acquitted an appellant of Section 306 IPC, stating family arguments do not constitute instigation. They also ordered a survey of Internal Complaints Committees under the POSH Act.
Frequently Asked Questions
- NI Act | Complainant Can Appeal Against Acquittal Whether Passed By Trial Court Or Appellate Court:... (livelaw.in)
- Rajasthan High Court (tavily.com)
- Lok Adalat withdrawal of cheque bounce complaints means acquittal, writ not maintainable: Rajasthan High Court (pinkcitypost.com)
- Justice BV Nagarathna: The Arc Moving Toward a First Woman CJI | SCC Times (scconline.com)
- Remarks about Sikhs: Allahabad High Court declines FIR against Rahul Gandhi, says he has right to voice concerns of minority (barandbench.com)
- livelaw.in (livelaw.in)
Add NewsPulse Time as a preferred source on Google