JUDGMENT :

1. Leave to Appeal under section 378(4) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is prayed for by the applicants of the captioned matters against the judgment and order of acquittal passed by the Sessions Judge in Criminal Appeal, which had arisen out of the judgment and order of conviction passed by the Magistrate under section 138 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’).

2. The seminal question which requires consideration is whether the complainant could be permitted to file an appeal against the order of acquittal under section 138 of the N.I. Act passed by the Sessions Judge in an appeal filed by the accused against the order of conviction of the trial Court.

3. Leave to Appeal is prayed for under section 378(4) of the Cr.P.C. Section 378 is for appeal in case of acquittal. The said section is reproduced hereinunder for getting a better insight to understand the right of the complainant to make a prayer for Leave to Appeal against an order of acquittal :-

“Section 378. Appeal in case of acquittal - (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5), -

(a) the District Ma