1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.532/2010 (Abhimanyu Ramjiwan Guneria .vrs. Smt. Chandrasheela Shrawan Kanoje) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Abhijeet Wagh, Advocate for applicant/appellant, Mr. I.N. Choudhari, Advocate for respondent. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 18, 2011 Heard. The learned counsel for the applicant/original complainant has urged that this application is made for leave to prefer an appeal against the judgment and order dated 24th June, 2010 passed by the learned Judicial Magistrate, First Class, Tirora in Misc. Criminal Complaint Case No.517/2006 acquitting the respondent from the commission of the offence punishable under Section 138 of the Negotiable Instruments Act. The learned counsel states that while preferring present application/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 2 the said amending act, it was incumbent/permissible for the applicant to prefer an application/appeal before the Court of Session. It is urged that the mistake having occurred bona fide, the applicant is praying for withdrawal of this application/appeal with liberty to prefer an application/appeal/appropriate proceedings for same before the Court of Sessions in accordance with the law. The learned counsel for the respondent says that the position regarding the law has been correctly stated by the learned counsel for the applicant. Having regard to the same and having due regard to the definition of the victim as given in Section 2 (wa) of the Code of Criminal Procedure, prayer being made at the earliest, in the interest of justice, permission, with liberty as prayed, deserves to be granted. In view of the same, the application as well as consequent appeal presented stand disposed of as withdrawn with liberty to the applicant to take appropriate proceedings in accordance with the law before the Court of Session.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