NAGARAJ Vs. MOHANAN

JUDGEMENT

(1.) This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal dtd. 20/11/2021 passed in CC.No.60409/2018 by the XXXIV Additional Chief Metropolitan Magistrate (for short "the trial Court")

(2.) The Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC OnLine SC 1320, at paragraph 10 of the judgment, has observed as under:

(3.) In the light of the Hon'ble Supreme Court's recent clarification of the legal position, it is now evident that the appellant, being the complainant under Sec. 138 of Negotiable Instruments Act, 1881, is also entitled to file an appeal against the judgment of acquittal passed by the trial Court before the Sessions Court, since he is considered to be a victim. If this Court were to proceed to hear and decide the appeal at this stage, it could deprive the parties of an available forum, i.e. this Court, for further challenge.