SIDDHARTHA CHATTOPADHYAY, J.

The instant criminal appeal emanates from the judgment and order of acquittal dated 16.04.2013 passed by the Judicial Magistrate 9th Court Alipore, in complaint case No. 11113 of 2007 whereby and where under the learned Magistrate has passed an order of acquittal in favour of the accused opposite party.

2. According to the appellant, the learned trial court failed to appreciate the evidence and position of law in its proper perspectives. The learned trial court has mainly relied on the version of the accused and ignored the complaint case and the judgment is written without any application of mind.

3. The learned Counsel appearing on behalf of the opposite party accused contended that the learned trial court has considered all the material aspects and it does not call for any interference.

4. At the time of hearing, at the very outset learned Counsel appearing on behalf of the accused/opposite party submitted that the instant appeal is not maintainable. He contended that in view of the present position of law the appellant ought to have filed the appeal under Section 372 of Cr.P.C. and not under Section 378(4) of Cr.P.C. He further submitted if th