1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPEAL NO. 630/2010 ( Shankarrao Mukundaji Nitnaware .vs. Naresh s/o Sakharam Tumdam ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.R. Soni, Advocate for Appellant. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 21, 2011 Heard. By this appeal, the appellant/original complainant in Summary Criminal Complaint No. 6154/2007 of the Court of Judicial Magistrate First Class (Special Court) for the cases under Section 138 of the Negotiable Instruments Act, Nagpur has thrown challenge to the judgment and order dated 8.6.2010 recorded in the said case acquitting respondent from commission of offence punishable under Section 138 of the Negotiable Instruments Act. The learned counsel states that while preferring the present 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 2 amending act, it was incumbent/permissible for the applicant to prefer an appeal before the Court of Session. It is urged that the mistake of taking the proceedings before this Court by presenting the appeal having occurred bona fide, the applicant is praying for withdrawal of this appeal presented with liberty to prefer appropriate proceedings in accordance with the law before the Court of Session for challenging the order of acquittal passed in favour of respondent. None being present on behalf of the respondent, this Court has no advantage to hear him upon the request made. Having regard to the aforesaid and having due regard to the definition of the victim as given in Section 2 (wa) of the Code of Criminal Procedure, in the interest of justice, permission and liberty as prayed deserves to be granted. In view of the same, the appeal presented stand disposed of as withdrawn with liberty to the appellant to take appropriate proceedings in accordance with the law before the Court of Session. JUDGE halwai