KAMLESH SINGH RAJPUT Vs. RAMJAS KAUSHIK

JUDGEMENT

(1.) This is an acquittal appeal filed under Sec. 378 (4) of Cr.P.C. by the complainant against the judgment dtd. 10/5/2018 passed by the Judicial Magistrate First Class, Kawardha, District Kabirdham, C.G. in Criminal Complaint Case No. 68 of 2015 whereby the learned Trial Court acquitted the respondent/accused of the charge under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act of 1881"). Along with this appeal, an application under Sec. 378(4) of the Cr.P.C. for grant of leave to appeal against the impugned judgment was also filed and the said application was allowed by this Court on 28/6/2018.

(2.) Learned counsel for the appellant/complainant submits that though leave to appeal under Sec. 378(4) of the Cr.P.C. has been granted by this Court, but recently the Supreme Court in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 held that the complainant in a complaint filed under Sec. 138 of the Act of 1881 is also a victim as defined in Sec. 2(wa) of Cr.P.C. corresponding to Sec. 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the "BNSS"). He submits that the Supreme Court has further held that the complainant in a complaint under Sec. 138 of the Act of 1881 can also be entitled to file an appeal under proviso to Sec. 372 Cr.P.C. corresponding to Sec. 413 of the BNSS.

(3.) Relevant portion of the aforesaid judgment is reproduced as under:-