1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 712/2010 in Criminal Appeal No. _________/2011 (Anil Thakurdas Sawal .vs. Santosh Babulal Lakhete ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. K.B. Dave, Advocate for Applicant. None present for the Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 21, 2011 By this application, the applicant/original complainant in Summary Criminal Case No. 3183/2008 of the Court of 22nd Judicial Magistrate First Class, Special Court 138 Cases, Nagpur has sought leave to prefer an appeal against the judgment and order dated 11.05.2010 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 application for 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 2 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 of taking the proceedings before this Court by presenting the application for leave and appeal having occurred bona fide, the applicant is praying for withdrawal of application for leave and appeal presented along with the same 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 submissions on behalf of the respondent 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the application preferred for seeking leave to present an appeal and so also the appeal presented stand disposed of as withdrawn with liberty to the applicant to take appropriate proceedings in accordance with the law before the Court of Session.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 halwai