1. This reference has been made by the learned single Judge (Hon' ble Mr. Justice Sanjay K. Agrawal) under R.32 (2) (ii) of the High Court of Chhattisgarh Rules, 2007 for placing it before Hon' ble the Chief Justice with a recommendation to place the same before larger Bench. Vide order dated 14-11-2013, Hon' ble the Chief Justice has directed to place the reference before this Bench to answer the following stated question of law: -
"Whether complainant is entitled to prefer an appeal under proviso to S.372 of Cr.P.C. before the Court of Session against the judgment of acquittal passed by subordinate Criminal Court arising out of criminal complaint filed by complainant, or he is required to prefer an appeal under sub-section (4) of S.378 of the Cr.P.C. before this Court after obtaining leave?"

2. Scope of appeal against the judgment of acquittal at the instance of the complainant under the proviso to S.372 of the Code of Criminal Procedure, 1973 (for short ' the Code' ) was earlier considered by the learned single Judge of this Court (Hon' ble Mr. Justice G. Minhajuddin) in the case of Sunder Das Rohra v. Anil Mishra , Cr. Rev. No. 779/2012 (decided on 15-4-2013), wherein it was he