- (1.) 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 378 Cr.P.C.
(2.) In all three cases, the judgment of the learned Magistrate has been delivered after 31.12.2009 i.e. the date after the amendment to Section 372 Cr.P.C. vide amending Act No.5 of 2009 vide Section 29 thereof by which a proviso to Section 372 Cr.P.C. has been added.
(3.) The proviso to Section 372 Cr.P.C. reads as follows:- 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. ;