1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.86/2011 IN CRIMINAL APPEAL NO.________/2011 (Khanderao Pandurang Shimpley .vrs. Daulat Ratiram Lende 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. J.Y. Ghurde, Advocate for applicant. .......... CORAM : P.D. KODE, J DATED : APRIL 11, 2011 Heard. By this application, the applicant/original complainant in Summary Criminal Case No. 14684/2009 of the Court of learned 25th Judicial Magistrate, First Class and Special Court for cases u/s 138 of Negotiable Instruments Act, has sought leave to prefer an appeal against the judgment and order dated 29.11.2010 recorded in the said case acquitting respondent no.1 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 2 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 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 no.1. 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 and permission/liberty being sought at very early stage, 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the application preferred for seeking leave to present an appeal and so also the appeal presented stand disposed of as withdrawn with liberty to the applicant to take appropriate proceedings in accordance with the law before the Court of Session.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 Gulande