ORDER :

1. A common issue as to the applicability of the amended Section 372 of the Code of Criminal Procedure arises for consideration in all these cases, and hence, they are being disposed of by a common judgment. The issue that is being agitated is whether the complainant in a private complaint, on which cognizance was taken and which ended in acquittal of the accused, can resort to the new statutory remedy by way of appeal provided u/s 372 proviso or is he confined to the earlier remedy provided for u/s 378(4) Cr.P.C. of filing an appeal before the High Court after obtaining special leave.

2. An unimaginative hasty amendment, little aware of its consequences, though intended to be progressive and beneficial, has created confusion regarding the remedy available to certain group of persons. The matter has engaged the attention of various High Courts in the country, but the decisions have not been uniform. While some of the High Courts have taken the view that a complainant in a private complaint, which after trial ends in the acquittal of the accused, can now, if he falls within the definition of victim u/s 2(wa) of Cr.P.C. resort to the remedy by way of appeal as provided under th