https://www.taxtmi.com/caselaws?id=196959 In complaint prosecutions under Section 138 of the Negotiable Instruments Act, the complainant, even if falling within the wider definition of "victim" under Section 2(wa) of the Code of Criminal Procedure, cannot use the proviso to Section 372 to appeal an acquittal before the Sessions Court. The provisions of Sections 372 and 378 must be read harmoniously, and the special appellate scheme for complaint cases remains intact. Accordingly, an appeal against acquittal in such matters lies only to the High Court under Section 378(4), subject to special leave, so the proviso to Section 372 does not create a concurrent remedy. en-us Fri, 11 Apr 2014 00:00:00 +0530 Wed, 20 Dec 2017 08:44:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196959 In complaint prosecutions under Section 138 of the Negotiable Instruments Act, the complainant, even if falling within the wider definition of "victim" under Section 2(wa) of the Code of Criminal Procedure, cannot use the proviso to Section 372 to appeal an acquittal before the Sessions Court. The provisions of Sections 372 and 378 must be read harmoniously, and the special appellate scheme for complaint cases remains intact. Accordingly, an appeal against acquittal in such matters lies only to the High Court under Section 378(4), subject to special leave, so the proviso to Section 372 does not create a concurrent remedy. Case-Laws Indian Laws Fri, 11 Apr 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196959