Complaint-case appeals against acquittal under the Criminal Procedure Code remain governed by special leave requirements, not the victim appeal proviso.

In a complaint case under Section 138 of the Negotiable Instruments Act, a complainant seeking to challenge an acquittal must proceed under the special leave mechanism in Section 378(4) of the Code of Criminal Procedure. The proviso to Section 372, which confers a victim's right of appeal, operates in a different field and does not displace the specific remedy available in complaint cases. The right of appeal is substantive, but the later proviso to Section 372 does not apply retrospectively so as to exclude the complainant's remedy under Section 378(4). The complainant's application for leave to appeal was therefore maintainable, and leave was rightly granted.

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Issues: Whether an application by the complainant seeking leave to file an appeal against acquittal in a complaint case arising under Section 138 of the Negotiable Instruments Act, 1881 is maintainable under Section 378(4) of the Code of Criminal Procedure, 1973, and whether the proviso to Section 372 of the Code of Criminal Procedure, 1973 governs such a remedy.

Analysis: A complaint under Section 138 of the Negotiable Instruments Act is a complaint case instituted upon complaint, and the complainant, being the payee or holder in due course, has a direct statutory stake in the proceedings. The proviso to Section 372 confers a victim's right of appeal, but that provision operates in a different field and does not displace the special procedure under Section 378(4) for cases instituted upon complaint. The right of appeal is substantive, and in complaint cases challenging acquittal, the complainant must seek special leave under Section 378(4). The later insertion of the proviso to Section 372 does not apply retrospectively to such complaint cases so as to exclude the remedy under Section 378(4).

Conclusion: The complainant's application for leave to appeal against the acquittal was maintainable, and leave was rightly granted.

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