https://www.taxtmi.com/caselaws?id=196866 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. en-us Thu, 23 Feb 2017 00:00:00 +0530 Mon, 18 Dec 2017 08:49:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196866 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. Case-Laws Indian Laws Thu, 23 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196866