JUDGMENT :

PUSHPA V. GANEDIWALA, J.

This Bench has been constituted by the directions of Hon'ble the Chief Justice to decide the under mentioned question which has been referred for consideration by the Single Bench of this Court by an order dated 30.10.2018. The question reads thus:

“Whether the appeal against acquittal in prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, would lie under Section 378(4) of the Code of Criminal Procedure or would be as per proviso below Section 372 of the Code of Criminal Procedure ?”

2. The occasion to refer the aforesaid question for consideration arose when there was an issue before the Court about maintainability of an appeal under Section 378(4) of the Code of Criminal Procedure, 1973 (for short 'Code') in a case initiated on a private complaint u/s 138 of the Negotiable Instruments Act, 1881 (for short 'Act of 1881'). The learned counsel Shri P.K. Mohta for the appellant referred judgment of this Court in the case of Shantaram s/o Laxman Tande vs. Dipak s/o Madhav Gaikwad, reported at 2011 ALL MR (Cri) 3473 in support of his argument on maintainability of appeal u/s 378(4) of the Code. In the said ju