N.SELVARAJ Vs. MAHESHWARI

JUDGEMENT

(1.) This Criminal Appeal had been filed against the order dated 24.03.2008 in C.C.No.741 of 2005 on the file of the learned Judicial Magistrate No.I, Coimbatore.

(2.) The appellant herein had filed a complaint under Section 138 of the Negotiable Instruments Act, against the respondent in C.C.No.741 of 2005. On conclusion of trial, the learned Magistrate had acquitted the accused by order dated 24.03.2008.

(3.) In effect, this is an appeal challenging the order of acquittal filed by the complainant. This appeal has been filed under Section 378 of Criminal Procedure Code. It is to be noted that Section 372 of the Code has underwent amendment under the Code of Criminal Procedure Amendment Act, 2008 (5 of 2009) with effect from 31.12.2009. As per the said amendment, a proviso was inserted in Section 372 which reads as follows: