Crl. Revision No. 1690 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 1690 of 2009 (O&M) Date of decision:- 11.08.2011 Zile Singh ....Petitioner Vs. Balbir Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. Sanjay Verma, Advocate, for the petitioner. ***** A.N. JINDAL, J (ORAL) Assailed in this petition is the judgment dated 20.02.2008 passed by the Additional Sessions Judge, Kurukshetra, whereby appeal preferred by the complainant- petitioner (hereinafter referred to as 'the petitioner') against the judgment of acquittal dated 06.03.2007 passed by the Addl. Chief Judicial Magistrate, Kurukshetra, was dismissed. The accused-respondents (hereinafter referred to as 'the respondents') were acquitted by the trial Court and the appeal preferred by the petitioner was also dismissed on the ground of maintainability of the appeal. Having examined the impugned judgment, it transpires that it is a complaint case and in the year 2007, there was no provision to file an appeal by the complainant against the judgment of acquittal. However, after the amendment in the Cr.P.C., which came into force in the year 2009, the right to file an Crl. Revision No. 1690 of 2009 (O&M) 2 appeal was provided only to the victim. As per Section 378 (4) Cr.P.C., the petitioner could file an appeal before the High Court. The said section reads as under:- “(4) If such an order of acquittal is passed in any case instituted upon a complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.” In view of the specific bar created by Section 378 (4) Cr.P.C., no appeal was maintainable before the Court of Sessions Judge, Kurukshetra. Resultantly, finding no merit in the petition, the same is hereby dismissed. (A.N.JINDAL) 11th of August, 2011 JUDGE ajp