1. - An application has been moved for recalling the order dated 02.12.2011 passed by this court.The order dated 02.12.2011 is as under:-

"The learned counsel for the appellant pleads that under the amended Section 372 Cr.P.C., by which a proviso has been added, and the right to file an appeal has been granted to a victim, he seeks to file an appeal before the learned District & Sessions Judge. However, his anxiety is that he may be hit by limitation, as it is an appeal being filed by the complainant against an order of acquittal passed by the learned Magistrate.

The liberty to file an appeal before the concerned Sessions Judge is, hereby, granted. Since the present appeal has been filed before the wrong forum, the time taken in pursuing the remedy before the High Court shall be considered while deciding the point of limitation by the learned Sessions Judge.

These appeals, hereby, stand disposed of."

2. Mr.S.R.Surana, the learned senior counsel for the applicant, has contended that the case was between the complainant, M/s.Shiva International, and the accused-applicant, Rajesh Verma. Since it was a criminal case under Section 138 Negotiable Instruments Act, the State of Rajast