K. Harilal, J.

The interesting question that arises for consideration in this Revision Petition is, whether an appeal against acquittal of the accused in a complaint instituted under Section 190(a) read with section 200 of the Code of Criminal Procedure, alleging the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') would lie before the Sessions Court under Section 372 of the Cr.P.C., in view of the amendment inserting proviso granting the right of appeal to 'victims' in the above Section? In a larger perspective, the question is, whether an appeal against acquittal of the accused, by the complainant who has suffered loss or injury, in a case instituted on complaint made under Section 190(a) read with Section 200 of the Cr.P.C. would lie before the Sessions Court under Section 372 of the Cr.P.C., in view of the amendment inserting Section 2(wa) and the proviso to Section 372 of the Cr.P.C. defining "victim" and granting right of appeal to him?

2. The Revision Petitioner is the complainant in CC.No.79/2010 on the files of the Court of Judicial First Class Magistrate-II (Additional Munsiff), Kasaragod and the first respondent