Mr. Prashant Kumar Agarwal, J. - (1.) The petitioner-complainant has filed this Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. against the order dated 15.1.2015 passed by the Additional Sessions Judge No. 11, Jaipur Metropolitan, Jaipur in Criminal Appeal No. 12/2014 whereby the learned Court below dismissed the appeal filed by the petitioner as not maintainable before it.
(2.) The question involved in this petition is In a case instituted upon a complaint, whether the complainant is entitled to challenge the judgment of acquittal of the accused recorded by a Magistrate by filing an appeal before Sessions Court under the proviso to Section 372 Cr.P.C. or that such acquittal can be assailed only by bringing a Special Leave to Appeal to the High Court under Section 378 (4) Cr.P.C.
(3.) Brief relevant facts for the disposal of this petition are that the petitioner filed a complaint for an offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as 'the Act') against the respondent-accused before the Court of Metropolitan Magistrate No. 17, Jaipur Metropolitan, Jaipur which was registered as Criminal Case No. 4313/2012 and after trial the respondent was acquitted by the learned trial Court vide judgment and order dated 22.5.2014. The aforesaid order of acquittal was challenged by the petitioner by way of an appeal under the proviso to Section 372 Cr.P.C. before the learned Additional Sessions Judge and during the course of pendency of the appeal respondent filed an application with a prayer that the appeal filed by the petitioner before that Court is not maintainable. Learned Court below after hearing both the parties allowed the application filed by the respondent-accused and dismissed the appeal vide impugned order as already stated.;