MAHABOOB PASHA Vs. SABIA ZAHERA AND ANOTHER

JUDGEMENT

(1.) The complainant in CC No. 185 of 2005 on the file of Judicial Magistrate of First Class Special Mobile Court, Khammam, preferred the present appeal under Sec. 378(4) of the Code of Criminal Procedure, challenging the judgment dated 13.10.2006 passed in the above C.C., wherein the accused in the said case was acquitted for an offence punishable under Sec. 138 of the Negotiable Instruments Act (for short, the NI Act).

(2.) The facts in issue disclose that the appellant/complainant filed a private complaint against the accused for an offence punishable under Sec. 138 of the NI Act. After a full -fledged trial, learned Magistrate acquitted the accused for the said offence. Aggrieved by the said judgment, the complainant preferred the present appeal. On 12.7.2007, this Court while granting leave to the complainant to file this appeal under Sec. 378(4) Crimial P.C., admitted the appeal and issued notice to the accused, and permitted the appellant's Counsel to take out personal notice to the respondents/accused by Registered Post Acknowledgement Due and file proof of same. Though the appeal is of the year 2007, learned Counsel for the appellant could not serve notice on the accused. He submits that it is very difficult to secure correct address of the accused at this point of time. However, he submits that in view of the proviso to Sec. 372 Crimial P.C., which was introduced with effect from 31.12.2009, seeks remand of the matter to the Court of Sessions.

(3.) Proviso to Sec. 372 Crimial P.C., was introduced by way of Act 5 of 2009 which was made effective from 31.12.2009. It would be relevant to extract the said proviso which reads as under: