Private complaint appeals against acquittal in cheque dishonour cases lie under Section 378(4), not the victim appeal proviso.

In a prosecution under Section 138 of the Negotiable Instruments Act instituted on a private complaint, the specific appellate remedy against acquittal is governed by Section 378(4) of the Code of Criminal Procedure. The proviso to Section 372, which confers a victim's right of appeal, does not create an alternative route for a complainant who already has that special remedy. The court treated cheque dishonour proceedings as a statutory complaint case with its own appellate scheme, and held that a complainant challenging acquittal must seek special leave under Section 378(4) rather than invoke the proviso to Section 372.

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Issues: Whether an appeal against acquittal in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 lies under Section 378(4) of the Code of Criminal Procedure, 1973 or under the proviso to Section 372 of the Code of Criminal Procedure, 1973.

Analysis: The complaint under Section 138 of the Negotiable Instruments Act, 1881 is a prosecution instituted upon a private complaint, and the scheme of the Code separately provides a complainant's remedy against acquittal under Section 378(4). The proviso to Section 372, introduced to confer a right of appeal on a victim in cases typically arising from police investigation, does not create a parallel remedy for a complainant who already has the specific appellate route under Section 378(4). The offence under Section 138 is treated as a statutory, quasi-civil default with special procedural provisions, and the special appellate provision governing complaint cases is not displaced by the general victim-appeal provision.

Conclusion: The appeal against acquittal in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 lies under Section 378(4) of the Code of Criminal Procedure, 1973 and not under the proviso to Section 372.

Final Conclusion: The reference was answered by affirming that a complainant in a cheque dishonour complaint must seek special leave under Section 378(4) to challenge an acquittal.

Ratio Decidendi: Where a prosecution is instituted upon a private complaint, the specific remedy under Section 378(4) governs appeals against acquittal, and the victim's appellate right under the proviso to Section 372 does not provide an alternative route to the complainant.

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