1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.860/2010 (Rameshwar Jagannath Khandelwal .vrs. Ku. Pratibha Deshmukh) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.S. Shingane, Advocate for applicant, None for the respondent. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 10, 2011 Heard. The learned counsel for the applicant/original complainant has urged that this appeal has been preferred against the judgment and order dated 24.9.2010 passed by Ld. J.M.F.C, Court No.1, Amravati 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 an 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 the said amending act, it was incumbent/permissible for the applicant to prefer an appeal before the Court of 2 Session. It is urged that the mistake having occurred bona fide, the applicant 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. 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 and prayer being made at the earliest, in the interest of justice, permission deserves to be granted. In view of the same, the application as well as consequent appeal stand disposed of as withdrawn with liberty to the applicant to take appropriate proceedings in accordance with the law before the Court of Session. The learned counsel for the applicant also prays for return of the certified copy of the judgment and order passed by the trial Court. Request granted subject to tendering the xerox copy of the same for the purposes of record. JUDGE Gulande