IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 941 of 2010(O&M) Date of Decision: 05.04.2010. M/s Juneja Communications. …... PETITIONER Versus Manpreet Singh. ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. B.S.Sudan, Advocate for the petitioner. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of Code of Criminal Procedure for setting aside the order dated 14.07.2009, Annexure P1, passed by learned Judicial Magistrate Ist Class, Chandigarh vide which complaint of the petitioner was dismissed for want of prosecution. Heard. Complaint has been dismissed vide impugned order of learned trial Court after summoning of accused under Section 138 of Negotiable Instruments Act. Accused was present on that day. Hence, the dismissing of complaint amounts to acquittal. In view of the amended provision of Section 372 of Code of Criminal Procedure, an appeal against judgment of acquittal passed by Judicial Magistrate First Class, Chandgarh can be filed before court of Sessions. Hence, in this view of the matter, learned counsel for the petitioner states that he be permitted to withdraw the present petition with liberty to file appeal before the court of Sessions. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty. CRM No.493-MA of 2009 ( RAM CHAND GUPTA ) April 1, 2010. JUDGE 'om' 2