The Rajasthan High Court has clarified that when the complainant qualifies as a 'victim' of a crime, as defined in Section 2(y) of the BNSS, they are not obligated to submit an application to the High Court for permission to appeal against an acquittal.

This exception applies in accordance with the provisions outlined in Section 419(4) of the BNSS.

Section 419(4) of the BNSS states that when an acquittal order is issued in a case, the complainant has the right to appeal to the High Court, provided that the court grants special leave for such an appeal.

The bench of Justice Birendra Kumar clarified that a leave to appeal is necessary for the complainant, as specified in Section 419(4), in cases where the complainant is not the victim. Since criminal proceedings can be initiated by anyone with knowledge of a cognizable offense, if a complaint is filed by an individual who is not the victim, that person must obtain leave to appeal under this provision.

The Court was considering an application for the grant of leave to file an appeal submitted by the complainant, who was the victim in a case involving cheque dishonor, in which the respondent had been acquitted of the charges.

The Court noted that the applicant qualified as a victim under Section 2(y) of the BNSS, indicating that the appeal should have been filed with the relevant district and sessions judge. Citing Section 413 of the BNSS, the Court held that a victim does not require leave to file an appeal before the appellate forum.

Additionally, the Court referenced the Supreme Court cases of *Mallikarjun Kodagali v. State of Karnataka & Ors.* and *Joseph Stephen & Ors. v. Santhanasamy & Ors.*, noting that in these instances, the Apex Court established that a victim has a statutory right to appeal and is not required to request special leave to do so.

In this context, the Court expressed the view that a complainant who is not a victim must seek leave to appeal and concluded that,

“The law is well-settled that any person can set the criminal proceedings in motion, if he has knowledge of commission of any cognizable offences, such step may be taken by filing an F.I.R. with the police or a complaint petition before a Magistrate. If such complainant, is not a victim as defined above then, he would be required to prefer leave application before the High Court for preferring appeal against acquittal.''

Consequently, the applicant was directed to file the appeal with the relevant Sessions Judge, and the request for leave to appeal was disposed of.

Case Title: Ashraj Stone Private Limited v Karav International