JUDGMENT 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. 4. In the present matter, the propriety requires that the complainant should have gone to the Sessions Court first and only then after he should have approached the High Court. This Court does not encourage the trend of filing of appeals directly before this Court when the matter could have been heard and disposed of by the Sessions Court under proviso to Section 372, Cr.P.C. 5. Resultantly, the application/appeal of the complainant- Govind Singh is hereby returned to the petitioner for presentation before the court of Sessions Judge, Chittorgarh. The office shall return the original application/appeal to the petitioner after making proper endorsements on it, after retaining a true copy thereof. The petitioner shall thereafter immediately present the same, if he choses to do so to the concerned Sessions Judge, who will entertain and decide the same on merits as expeditiously as possible. The complainant is directed to appear before the learned Sessions Judge, Chittorgarh for this purpose on 7.3.2013 at 10.00 a.m. 6. It is pertinent to mention here that the benefit of limitation will also be available under this order to the petitioner for the period consumed by him in this matter because of pendency of appeal in this Court. 7. The complainant is directed to appear before the learned Sessions Judge, Chittorgarh for this purpose on 7.3.2013 at 10.00 a.m. 6. It is pertinent to mention here that the benefit of limitation will also be available under this order to the petitioner for the period consumed by him in this matter because of pendency of appeal in this Court. 7. Accordingly, the application/appeal of appellant Govind Singh is disposed of.Appeal disposed of. *******