GANESH BANDU BADGUJAR Vs. MANGALABAI ASHOKBHAI PATEL

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The applicant is the original accused. He was being prosecuted on the basis of a complaint filed by the respondent no.1 herein, alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. On 8-11-2010, the learned Judicial Magistrate (First Class), Jalgaon, passed an order acquitting the applicant, as contemplated under Section 256 of the Code of Criminal Procedure, 1973 [For short, "the Code"]. Against the said order of acquittal, the respondent no.1 herein i.e. the original complainant filed an appeal in the Court of Sessions. This appeal was dealt with and allowed by an Additional Sessions Judge.

(3.) Clearly, the appeal filed before the Court of Sessions was not at all maintainable. It appears that the appeal was filed purportedly under the proviso to Section 372 of the Code. Thus, the appeal had been filed by claiming that the original complainant was a victim, as contemplated under the proviso to Section 372 of the Code. The proviso to Section 372 was inserted by Section 29 of the Code of Criminal Procedure [Amendment Act, 2008 (5 of 2009)], with effect from 31-12-2009. The proviso was inserted with the object of giving an opportunity to the persons who are affected by the decision of the court, but who had not been given right to file any appeal under the provisions of the Code, to challenge such decision by filing an appeal.