ADVNCE PESTICIDES Vs. KISAN KHAD BHANDAR

JUDGEMENT

(1.) None for the parties.

(2.) The present appeal is preferred under Sec. 378(4) of the Code of Criminal Procedure, 1973, against the order of acquittal passed in Summary Criminal Case No.5247/2019 by the learned 6th Additional Chief Judicial Magistrate, Akola, thereby acquitting the respondent herein for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.

(3.) Now so far as the issue in respect of preferring Appeal under Sec. 372 of the Code by the complainant/victim is concerned, the same was considered by the Hon'ble Supreme Court in case of M/s. Celestium Financial .Vrs. A. Gnanasekaran Etc (2025 SCC Online SC 1320), wherein the Supreme Court has held as under :