Section 372 of Criminal Procedure Code

Adv. Anil M. Sharma (Querist) 27 May 2011 This query is : Resolved
Dear Sir,
I would like to know about any order, judgment, notification or any circular in respect of the amended provision of Criminal Procedure Code in Section 372 from Bombay High Court. While filing any Appeal against the order of Acquittal in private complaint case like Sec. 138 of N. I. Act, is it necessary to take leave from the Hon'ble High court even if is filed in Session Court. please make suggestion and expert comment on the same. I am confused due to order of rejection of my own appeal under amended section 372 of Criminal Procedure Code.
please suggest needful with any of the above material or its source.
thanking you.

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PALNITKAR V.V. (Expert) 28 May 2011
Is appeal against acquittal maintainable in Sessions Court?

Arun Kumar Bhagat (Expert) 28 May 2011
Amendment is very clear. there is no occasion to be confused.No leave is required to prefer appeal before District Court.

PALNITKAR V.V. (Expert) 28 May 2011
The question is whether appeal against acquittal in a case u/s 138 can be filed in Sessions Court? I doubt.

PALNITKAR V.V. (Expert) 28 May 2011
I am attaching a judgment of MP high court on this point. I think discussion is needed on this point.

Guest (Expert) 31 May 2011
According to the case law referred to by Mr. Palnitkar, if you want to make appeal you may have to take recourse to sec 378(4) of the Cr.PC. to make an appeal to the HC, as no appeal shall lie from any judgment or order of a Criminal Court under sec 372.

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