(1.) This application under Sec. 378(4) of Cr.P.C, 1973 has been filed by the complainant/victim against the judgment dtd. 16/10/2012 passed by the Judicial Magistrate First Class, Jabalpur in Criminal Complaint Case No. 11009/2009 whereby the learned trial Court has acquitted the respondent (herein) of the charges under Sec. 138 of the Negotiable Instruments Act.
(2.) Aforesaid criminal case was instituted on the basis of private complaint filed by the victim/applicant.
(3.) The question before this Court is whether instant petition is covered under proviso to Sec. 413 of BNSS (Sec. 372 of Cr.P.C.).