Special leave to appeal in complaint acquittals remains available; the victim's appeal right does not override the specific complaint-case route.

Applications for special leave to appeal against acquittals in complaints under the Negotiable Instruments Act remain maintainable under Section 378(4) of the Code of Criminal Procedure, 1973. The amended proviso to Section 372, which gives a victim a general right of appeal against acquittal, conviction for a lesser offence, or inadequate compensation, operates in a different field and does not displace the specific complaint-case mechanism in Section 378(4). The amendment was understood as addressing cases where the State does not appeal in police investigations, not as curtailing a complainant's remedy in complaint proceedings. The complainants could therefore continue to seek special leave before the High Court.

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Issues: Whether applications seeking leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973 against acquittals in complaints under Section 138 of the Negotiable Instruments Act were maintainable before the High Court in view of the proviso to Section 372 of the Code of Criminal Procedure, 1973.

Analysis: Section 378(4) specifically governs appeals from acquittals in cases instituted upon complaint and requires an application to the High Court for special leave before such an appeal can be presented. The amended proviso to Section 372 confers a right of appeal on a victim against acquittal, conviction for a lesser offence, or inadequate compensation, but that general provision was held to operate in a different field and not to displace the special mechanism contained in Section 378(4) for complaint cases. The purpose of the amendment to Section 372 was understood as addressing situations where the State does not appeal in police cases and the victim otherwise lacks an appellate remedy, not as curtailing the complainant's remedy in complaint matters.

Conclusion: The applications were held maintainable before the High Court, and the amended proviso to Section 372 did not bar the complainants from seeking special leave under Section 378(4) of the Code of Criminal Procedure, 1973.

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