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TMI Blog2012 (5) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... hat:- 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate has been delivered after 31.12.2009 i.e. the date after the amendment to Section 372 Cr.P.C. vide amending Act No.5 of 2009 vide Section 29 thereof by which a proviso to Section 372 Cr.P.C. has been added. The proviso to Section 372 Cr.P.C. reads as follows:- "Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noured given by the accused, the person would fall within the definition of "victim". Such victim, defined under Section 3(wa) Cr.P.C., under the newly added proviso to Section 372 Cr.P.C. would have a right to prefer an appeal against the order passed by the court acquitting the accused, as in the present case, in accordance with the proviso to Section 372 Cr.P.C. the victim would have a right t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly stand dismissed as not maintainable. The appellants, if so dvised, may prefer appeals before the court of Sessions. The Registry is directed that the certified copy of the judgment and vakalatnamas which have been filed in these leave to appeal applications may be returned to the learned counsel for the appellant/applicants after retaining a photostat copies of the same on the record. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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