FIROJA Vs. MUMTAJ

JUDGEMENT

(1.) Heard on the question of maintainability.

(2.) This appeal under Sec.419(4) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (earlier section 378(4) of the Code of Criminal Procedure, 1973) is preferred by the complainant challenging the acquittal of the respondent/accused from the charges under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as "138 of the Act of 1881") in SCNIA/452/2019 by the Judicial Magistrate First Class, District- Mandsaur (M.P.) alongwith I.A.No.10064/2023 for grant of leave to appeal.

(3.) 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 Section 138 of the Act of 1881 is also a victim as defined in Section 2(wa) of Cr.P.C. corresponding to Section 2(y) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The Supreme Court has further held that the complainant in a complaint under Section 138 of the N.I. Act of 1881 can also be entitled to file an appeal under proviso to section 372 of the Cr.P.C. corresponding to Section 413 of the BNSS.