- (1.) This is an appeal directed by The Commercial Bank Employees Urban (S.E.) T&C Society Ltd., against the judgment dated 6.9.2010 passed by Ms. Harshali Chowdhary, Judicial Magistrate Ist Class, Rohtak, vide which the complaint filed by the Appellant under Section 138 of the Negotiable Instruments Act, was dismissed, while acquitting the accused. The Appellant approached the Sessions Judge. Vide order dated 8.10.2010, the learned Sessions Judge observed that the appeal lies before the High Court. That order was passed in the absence of the Appellant and without hearing the Appellant. The said order is wrong on the face of it as per provisions of 372 Cr.P.C., which is reproduced as under: 372. No appeal to lie unless otherwise provided.-No appeal shall lie from amy judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force: [Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.]
(2.) The appeal lies before the Sessions Judge. So, the order dated 8.10.2010 stands set aside and the case is remanded back to the Sessions Judge for decision after hearing the Appellant.
(3.) The Appellant is directed to appear before the Sessions Judge on 4.3.2011. A copy of the judgment be sent to the trial Court for strict compliance.;