Sanjay K. Agrawal, J.

1. The neat question that arises for consideration in this revision is whether complainant is entitled to prefer an appeal under proviso to Section372 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') before the Court of Session against the judgment of acquittal passed by subordinate Criminal Court arising out of criminal complaint filed by complainant or he is required to prefer an appeal under sub-section (4) of Section 378 of the Cr.P.C before this Court after obtaining leave? The applicant/complainant herein filed an criminal complaint against the non-applicant No. 1 for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act, 1881' for brevity) before jurisdictional Criminal Court.

2. The said Court by its judgment dated 30/11/2012, acquitted the non-applicant No. 1 herein holding that the applicant/complainant has failed to bring home the offence under Section 138 of the N.I. Act, 1881.

3. Feeling aggrieved against the judgment of acquittal, the applicant/complainant preferred an appeal under proviso to Section 372 of the Cr.P.C. questioning the said judgment of acquittal.

4. By the impugned judgm