Rameshwar Dass son of Sh. Ram Chander v. Ishwar Singh
2012-01-23
RAKESH KUMAR GARG
body2012
DigiLaw.ai
JUDGMENT Mr. Rakesh Kumar Garg, J.: (Oral) - The petitioner filed a complaint under Section 138 of the Negotiable Instruments Act read with Section 420 IPC. 2. The said complaint was dismissed by the Judicial Magistrate 1st Class, Ambala Cantt vide judgment dated 24.2.2010 which is under challenge before this Court in the instant revision petition. 3. Section 372 Cr.P.C as amended w.e.f. 31.12.2009 reads thus:- “372. No appeal to lie unless otherwise provided.- No appeal shall lie from any 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.].” 4. In view of the amended provisions of Section 372 Cr.P.C, the appeal is maintainable against the impugned order before the Sessions Judge. 5. In this view of the matter, this revision petition is dismissed with liberty to the petitioner to seek an appropriate remedy under Section 372 Cr.P.C before an appropriate Court in accordance with law. --------------