MUKESH KUMAR Vs. SAMEER KHORWAL

JUDGEMENT

(1.) This is an appeal filed by the complainant Mukesh Kumar in a matter of Section 138, N.I.Act against the order of learned Additional Civil Judge (JD) & Metropolitan Magistrate (N.I. Act Cases) No.1, Jodhpur dated 6.6.2011 in Criminal Case No. 3860/2009. The learned lower court has acquitted both the accused Sameer Khorwal and Sky Planet Marketing Private Limited from the charge of Section 138 N.I.Act. Delay of 21 days in filing the criminal leave to appeal was condoned under Section 5 of the Limitation Act by this Court by order dated 18.1.2012.

(2.) According to the amended proviso to Section 372, Cr.P.C., such appeal could have and should have been filed in the court of Sessions Judge, Jodhpur Metropolitan and then after the aggrieved party should have challenged the order of the Sessions Judge, Jodhpur Metropolitan in this Court.

(3.) After hearing the appellant-complainant on this point, I am of the opinion that though Section 378(4), Cr.P.C. confers jurisdiction of hearing appeal in such type of matters to this Court but amended proviso to Section 372,Cr.P.C. confers jurisdiction to hear such type of appeals in the concerned Sessions court only. It is equally true that where jurisdiction is conferred on two courts, the aggrieved party should ordinarily first approach the inferior court unless exceptional grounds for taking the matter directly before the superior court are made out.