TMI Blog2013 (2) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the learned Special Judicial Magistrate, (N.I. Act Cases), Sri Ganganagar in Criminal Regular Compliant Case No. 1832/2010, whereby, the learned Magistrate acquitted the respondent No. 2 from the offence under Section 138 of the Negotiable Instruments Act. In this case, initially, the complainant aggrieved by the rejection of his complaint filed an appeal in the court of the learned Addl. Sessions Judge, No. 2, Sri Ganganagar under Section 372 Cr.P.C., but thereafter, on being advised that the judgment of acquittal in a complaint case could only be challenged by ' way of filing an application for Leave to Appeal, the said Appeal No. 17/2012 was withdrawn from the court of the learned Addl. Sessions Judge, No. 2, Sri Ganganagar on 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be rejected. 4. Shri M.K. Garg on the other hand submits that in a earlier decision of a Hon'ble Single Bench of this Court in the case of Manju Kawadiya v. Ghanshyam Sahu, reported in 2011 (1) Cr.L.R. (Raj.) 421 : 2011 (4) RLW 2972, this Court has held that an appeal against the judgment of acquittal recorded on the basis of a private complaint under Section 138 of the N.I. Act is assailable only under Section 378(4) Cr.P.C. by filing an application for Leave to Appeal and that such a judgment cannot be assailed by way of an appeal filed before the Sessions Court under Section 372 Cr.P.C. He urges that the said decision was not brought to the notice of the Hon'ble Single Bench of this Court whilst the case of Laxmilal Menariya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the aforesaid authoritative pronouncement of the Hon'ble Apex Court in the case of Subhash Chand (supra), wherein, the Hon'ble Apex Court held that in the complaint case, the appeal against the judgment of acquittal could be brought in only by way of filing an application for Special Leave to Appeal in the High Court under Section 378(4) Cr.P.C. and not in the Sessions Court. The Hon'ble Apex Court also considered the amendments made in the Code of Criminal Procedure in the year 2009 and, thereafter, reached to a conclusion that the judgement of acquittal in a complaint case can only be assailed by way of filing an application for Leave to Appeal. This, the view taken by the learned Single Judge of this Court in the case of L ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
