SHASHI KANT GUPTA,J. - (1.) The questions referred to this Bench for opinion are as follows: (i) Whether against acquittal order in a criminal complaint case under Section 138 Negotiable Instruments Act, the victim, who is complainant also, may prefer appeal before the Sessions Judge taking recourse to the proviso to Section 372 Cr.P.C. or the said appeal shall lie before the High Court under the said provisions. (ii) Whether against the same judgment and order of acquittal in a complaint case, in a situation when victim and complainant both are different persons, victim may file appeal under the proviso to Section 372 CrPC before the Sessions Judge or such appeal shall lie before the High Court ?
(2.) Since the learned Single Judge could not subscribe to the views expressed by the learned Single Judges of this Court in Criminal Misc. Application (Under Section 482 Cr.P.C) No. 5934 of 2012, Ashok Kumar Srivastava and others vs. State of UP and another , (decided on 30.03.2012) and Criminal Revision No. 3539 of 2015, Ved Prakash Yadav and 2 others Vs. State of UP and 2 others, (decided on 24.09.2015), referred the matter to a larger bench for resolving the conflict, the Chief Justice thereupon has referred the matter to us for our opinion.
(3.) Since the legal controversy raised in all the criminal Misc. Applications are similar, they are decided by a common order by treating the Criminal Misc. Application No. 3171 of 2016 (U/S 482 CrPC ) Anil Kumar Agrawal Vs. State of UP as a leading case. For the purpose of deciding the matter, it would be appropriate to have a quick glance to the fact of the Criminal Misc. Application No. 3171 of 2016 (U/s 482 Cr.P.C ) Anil Kumar Agarwal Vs. State of U. P. and another. The complainant therein had filed an application under section 138 of Negotiable Instruments Act before the the court of Chief Judicial Magistrate Jhansi. The accused were acquitted by the concerned Magistrate after dismissal of the complaint.;