JUDGMENT Jay Sengupta, J. - This is an application challenging orders dated 19th March, 2019 and 11th June, 2019 passed by the learned Sessions Judge, Fast Track Court No.1 at Barrackpore, North 24 Parganas in Criminal Appeal No. 25 of 2017 preferred by the present opposite party no.1 against an order dated 14th June, 2017 passed by the learned Judicial Magistrate, 3rd Court, Barrackpore, North 24 Parganas in C. Case No. 500 of 2007 under Section 138 of the Negotiable Instruments Act. 2. Learned counsel appearing for the accused/petitioner submits as follows. The accused/petitioner was acquitted from a charge under Section 138 of the Negotiable Instruments Act by the learned trial court. Instead of filing a special leave to appeal before the Hon'ble High Court at Calcutta, the present opposite party no.1/complainant filed an appeal before the learned Sessions Judge. As such, the impugned proceeding pending before the learned appellate court is not sustainable in law. 3. Learned counsel appearing for the opposite party no.1/complainant submits as follows. It is indeed a settled position of law that in the event of acquittal awarded by the learned trial court in a case under Section 138 of the Negotiable Instruments Act, a special leave to appeal has to be filed before the Hon'ble High Court. Due to inadvertence, this was not done in the present case. The opposite party no.1 /complainant seeks liberty to correct the mistake and file an appropriate application before this Court. 4. I have heard the submissions of the learned counsels representing the parties and have perused the revision petition. 5. It is settled law that an application for a special leave to appeal has to be filed before this Court in terms of Section 378(4) of the Code if the complainant intends to challenge an order of acquittal passed by a learned Magistrate in a complaint case as in the present one. It appears that due to inadvertence, the complainant filed an application before the wrong forum. 6. In view of the above, the impugned proceeding before the learned appellate court including the impugned orders are quashed and set aside. However, liberty is granted to the complainant/opposite party no.1 to file an appropriate application before this Court in accordance with law. 7. With these observations, the revision petition along with the connected application is disposed of. 8. 6. In view of the above, the impugned proceeding before the learned appellate court including the impugned orders are quashed and set aside. However, liberty is granted to the complainant/opposite party no.1 to file an appropriate application before this Court in accordance with law. 7. With these observations, the revision petition along with the connected application is disposed of. 8. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.