A learned Single Judge of this Court as per the orders impugned in these proceedings, as rendered in Crl.L.P.Nos.683/2016 and 635/2013, has held that the appeal against acquittal in complaint proceedings for offence punishable under S.138 of the Negotiable Instruments Act is not maintainable before this Court and that proper remedy of the petitioners is to prefer an appeal against acquittal before the Sessions Court concerned in terms of the provisions contained in the proviso to S.472 of the Code of Criminal Procedure. Accordingly, this Court held that the petitions filed under S.378(4) seeking leave of this Court to institute Criminal Appeal for impugning judgment of acquittal of the accused for the above said offence are not maintainable before this Court.

2. A learned Single Judge of this Court (P.Bhavadasan, J.) in the case in Shibu Joseph & Ors. v. Tomy K.J. & Ors., reported in (ILR 2013 (4) Ker. 866 = 2013 (4) KHC 629), has held that an appeal against acquittal of an accused in complaint proceedings as in the instant one as envisaged in S.378 of the Cr.P.C. is not maintainable before this Court and the proper remedy of complainants aggrieved by such acquittal is to pre