1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPEAL NO.632/2010 (M/s. Anil Agency .vrs. Satish Jagannath Nagpure) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. H.N. Potbhare, Advocate for appellant, Mr. S.B. Trivedi, Advocate for respondent. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 18, 2011 Heard. The learned counsel for the appellant/original complainant has urged that this appeal has been preferred against the judgment and order dated 19.6.2010 passed by the learned 24th Judicial Magistrate, First Class and Special Court u/s 138 of the Negotiable Instruments Act, Nagpur in Misc. Criminal Complaint Case No.10713/2008 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 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 2 of Section 372 of Cr.P.C. as amended by the said amending act, it was incumbent/permissible for the appellant to prefer an appeal before the Court of Session. It is urged that the mistake having occurred bona fide, the appellant is praying for withdrawal of this appeal with liberty to prefer an 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 appellant. 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 In view of the same, the appeal stands disposed of as withdrawn with liberty to the appellant to take appropriate proceedings in accordance with the law before the Court of Session. JUDGE Gulande