1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPP) NO.70/2011 IN CRIMINAL APPLICATION (APPA) NO.565/2010 IN CRIMINAL APPEAL NO.________/2011 (Chandrakant Ramprakash Satija .vrs. Tumulari Ram Mohan and one) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Amit R. Prasad, Advocate for applicant/appellant, None for respondent no.1, Mr. D.P. Thakre, APP for respondent no.2/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 17, 2011 Heard. The learned counsel for the applicant seeks leave to withdraw the application. Leave granted. The application stands disposed of as withdrawn. CRIMINAL APPLICATION (APPA) NO.565/2010 Heard. The learned counsel for the applicant/original complainant has urged that this application is made for leave to prefer appeal against the judgment and order dated 1.4.2010 passed by the learned 22nd Judicial Magistrate, First Class and Special Court Constituted for the Cases triable under Section 138 of the Negotiable Instruments Act, Nagpur in Summary Criminal Complaint Case No.8562/2008 acquitting respondent no.1 from the 2 commission of the offence punishable under Section 138 of the Negotiable Instruments Act. The learned counsel states that while preferring application for such leave and appeal before this Court, the provisions of Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) and particularly Section 29 therein remained to be taken into consideration. It is urged that in view of the provisions of Section 372 of Cr.P.C. as amended by the said amending act, it was incumbent/permissible for the applicant to prefer an appeal before the Court of Session. It is urged that the mistake having occurred bona fide, the applicant is praying for withdrawal of this application and appeal presented with liberty to prefer an appeal/appropriate proceedings for same before the Court of Sessions in accordance with the law. The learned APP says that the position regarding the law has been correctly stated by the learned counsel for the applicant. Having regard to the same and having due regard to the definition of the victim as given in Section 2 (wa) of the Code of Criminal Procedure and prayer being made at the earliest, in the interest of justice, permission, with liberty as prayed, deserves to be granted. In view of the same, the application as well as consequent appeal stand disposed of as withdrawn with liberty to the applicant to take appropriate proceedings in accordance with the law before the Court of Session. JUDGE Gulande