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2012 (5) TMI 777 - HC - Indian LawsMaintainability of appeal - offence under NI Act - Held that:- In the case of conviction by the Court of Magistrate for the offence under Section 138 of the Negotiable Instrument Act, the appeal would lie to the court of Sessions and, therefore, in the present case keeping in view the proviso to Section 372 Cr.P.C., it is of the view that the appellants/applicants should have preferred an appeal under the proviso to Section 372 Cr.P.C. before the court of Sessions. In that view of the matter, the appellants/ applicants need not have preferred the leave to appeal applications which have been filed before this court directly without filing the appeals before the court of Sessions. These leave to appeal-applications accordingly stand dismissed as not maintainable.
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