2012 (5) TMI 777

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.... the appellants: Mr.Anuj Sahlot, Mr.Shyam Khatri, Mr.R.K.Sharma, For The Respondent Mr.O.P.Singharia, Public Prosecutor. These leave to appeals have been preferred by the complainants whose complaints under Section 138 of the Negotiable Instrument Act was dismissed by the learned Magistrate. The application for leave to appeal has been filed before this court under sub-section (4) of Section....

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....im" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir." It cannot be disputed that in case of the complainant, on account of dishonour of cheque under Section 138 of the Negotiable Instrument Act when a complaint is filed by a person, the ....

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.... present case keeping in view the proviso to Section 372 Cr.P.C., I am of the view that the appellants/applicants should have preferred an appeal under the proviso to Section 372 Cr.P.C. before the court of Sessions. In that view of the matter, the appellants/ applicants need not have preferred the leave to appeal applications which have been filed before this court directly without filing the ....