2013 (2) TMI 841

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....d the respondent No. 2 from the offence under Section 138 of the Negotiable Instruments Act. In this case, initially, the complainant aggrieved by the rejection of his complaint filed an appeal in the court of the learned Addl. Sessions Judge, No. 2, Sri Ganganagar under Section 372 Cr.P.C., but thereafter, on being advised that the judgment of acquittal in a complaint case could only be challenged by ' way of filing an application for Leave to Appeal, the said Appeal No. 17/2012 was withdrawn from the court of the learned Addl. Sessions Judge, No. 2, Sri Ganganagar on 12.4.2012. Thereafter, the instant application for Leave to Appeal has been filed by the complainant in this Court assailing the order of acquittal of the respondent No. ....

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....Sahu, reported in 2011 (1) Cr.L.R. (Raj.) 421 : 2011 (4) RLW 2972, this Court has held that an appeal against the judgment of acquittal recorded on the basis of a private complaint under Section 138 of the N.I. Act is assailable only under Section 378(4) Cr.P.C. by filing an application for Leave to Appeal and that such a judgment cannot be assailed by way of an appeal filed before the Sessions Court under Section 372 Cr.P.C. He urges that the said decision was not brought to the notice of the Hon'ble Single Bench of this Court whilst the case of Laxmilal Menariya (supra) was being considered and, as such, the latter judgment having been passed in ignorance of the earlier decision of a Co-ordinate Single Bench cannot be held to be layin....