VIRENDRA CHAUDHARY Vs. SUMESH GUPTA

JUDGEMENT

(1.) In this matter, I have heard the appellant on the interpretation of proviso to Sec. 372, Crimial P.C. in relation to Sec. 378(4), Cr.P.C.

(2.) It is agreed position that as per the amended proviso to Sec. 372, Crimial P.C., the victim has been given a remedy of appeal against every acquittal order passed by the magistrate court and his appeal in such type of matters can be heard by the concerned Sessions Judge.

(3.) Sec. 372, Crimial P.C. was amended on 31.12.2009 by adding a proviso to it by Amendment Act 5 of 2009 (Section 29). Law of procedure may be applicable retrospectively as was held in the following rulings: