Rajan Gupta, J.—The present application has been filed under Section 378(4) of the Code of Criminal Procedure seeking special leave to appeal against the order dated 03.04.2010 vide which the complaint under Section 138 of the Negotiable Instrument Act was dismissed by Judicial Magistrate 1st Class, Chandigarh.

2. Learned counsel for the applicant submits that in view of amendment in Section 372 of the Code of Criminal Procedure, the applicant has a right to file appeal before the court of Sessions against the judgment of acquittal delivered by a Magistrate. He, therefore, prays that he may be allowed to withdraw this application under Section 378(4) Cr. P.C. with liberty to file an appeal before the court of Sessions.

3. Dismissed as withdrawn with liberty as aforesaid, if permissible in law.

4. It is, however, directed that in case an application for condonation of delay is filed by the applicant, time period spent in pursuing the present application/appeal may be taken into consideration by the concerned court.

Application allowed.

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