SWASTIKA FEEN MART PVT LTD Vs. OSAMA

JUDGEMENT

(1.) Heard on the question of maintainability.

(2.) This appeal under Sec. 419(4) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (earlier Sec. 378 of the Code of Criminal Procedure, 1973) is preferred by the complainant challenging the acquittal of the respondent/accused from the charges under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as "138 of the Act of 1881") in SCNIA No.4070/2018 by the Judicial Magistrate First Class, Junior Division, District Indore (M.P.) alongwith I.A. No.12011/2025 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 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 the Bhartiya Nagrik Suraksha Sanhita, 2023. The Supreme Court has further held that the complainant in a complaint under Sec. 138 of the N.I. Act of 1881 can also be entitled to file an appeal under proviso to Sec. 372 of the Cr.P.C. corresponding to Sec. 413 of the BNSS.