S.P. Garg, J. — The challenge in these appeals is to judgments dated 02.03.2012 in CC No.4625/10 and dated 22.05.2012 in CC No.20806/10 by which the complaint cases under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘N.I. Act’) filed by the appellant against the respondents resulted in their acquittal.

2. The appeals have been preferred under Section 372 of the Code of Criminal Procedure (in short ‘Cr.P.C.’). By an order dated 21.01.2013, learned counsel for the appellant was asked to satisfy if against an acquittal order in a complaint case, appeal would lie under Section 372 Cr.P.C. or special leave to appeal would have to be sought under Section 378 Cr.P.C.

3. I have heard the learned counsel for the parties on this limited legal question and have examined the record. Appellant’s counsel urged that after the Amendment Act 5 of 2009, amending Section 372 Cr.P.C. incorporating a right of appeal to the victims and also introducing definition of ‘victim’, as per Section 2(wa) of Cr.P.C., the appellant being the complainant-cum-victim was entitled to prefer appeals against orders of acquittal under Section 138 N.I. Act under Section 372 Cr.P.C. Learned counsel