Atul Kumar Jain, J. - (1.) This is an appeal filed by the complainant Govind Singh in a matter of Section 138, N.I.Act against the order of learned Additional Chief Judicial Magistrate No.1, Chittorgarh in Criminal Case No. 333/2008. The learned lower court has acquitted the accused-respondent Rajesh Automobiles from the charge of Section 138 N.I.Act.
(2.) According to the amended proviso to Section 372, Cr.P.C., such appeal of victim complainant could have and should have been filed in the court of Sessions Judge, Chittorgarh and thenafter the aggrieved party should have challenged the order of the Sessions Judge, Chittorgarh in this Court.
(3.) After hearing the appellant-complainant on this point, I am of the opinion that though Section 378(4), Cr.P.C. confers jurisdiction of hearing appeal in such type of matters to this Court but amended proviso to Section 372,Cr.P.C. confers jurisdiction to hear such type of appeals in the concerned Sessions court only. It is equally true that where jurisdiction is conferred on two courts, the aggrieved party should ordinarily first approach the inferior court unless exceptional grounds for taking the matter directly before the superior court are made out.;