This is an application under section 378(4) of the Criminal Procedure Code seeking leave to file an appeal against the order of acquittal passed by learned Judicial Magistrate, First Class (24th Court), Nagpur in Summary Criminal Case No. 13119/2008.

2. Mr. Dewada, learned counsel appearing for the respondents, raised a preliminary objection about the maintainability of the appeal before this Court. According to him proviso to section 372, inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (for short Act of 2008), which came into force with effect from 31st of December, 2009, the forum for appeal would be the Sessions Court and not the High Court. Proviso to section 372 reads as under :

“Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.’

3. While inserting the aforesaid provision the definition of ‘victim’ has also been incorporated as section 2(wa) which reads as under:

“ “victim” means a person