K.T. Sankaran. J.

1. These Criminal Revision Petitions were referred to the Division Bench in the light of conflicting decisions of this Court in Sree Gokulam Chit and Finance Co. (P) Ltd.. Kasaraaod v. Damodaran N. and another : 2013 (4) KHC 395 = 2013 (2) KLT SN 99 Case No.126 = 2013(3) KLJ 3 and Shibu Joseph and others v. Tomv K.J, and others : 2013 (4) KHC 629 = ILR 2013(4) Ker. 866 = 2013(2) KLD 938, on the question whether an appeal would lie to the Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure against acquittal of the accused in a case under Section 138 of the Negotiable Instruments Act. In Sree Gokulam Chit's case, a learned single Judge of this Court held that an appeal would not lie before the Sessions Court and it would lie only before the High Court under Section 378(4) of the Code of Criminal Procedure. In Shibu Joseph's case, another learned single Judge held that the complainant in a complaint under Section 138 of the Negotiable Instruments Act, being a victim as defined in Section 2 (wa) of the Code of Criminal Procedure, is entitled to file an appeal before the Sessions Court under the proviso to Section 372 of the Cod