HDFC BANK LTD. Vs. MANRAJ SANDHU

JUDGEMENT

(1.) The instant application has been filed under Sec. 378(4) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking grant of leave to file an appeal against the judgment of acquittal dtd. 3/4/2024 passed by the learned Judicial Magistrate Ist Class, FAridkot in Criminal Complaint titled as HDFC Bank Ltd. vs. Manraj Sandhu, filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N. I. Act'), whereby the respondent was acquitted for commission of offence punishable under the aforementioned Sec. .

(2.) Today, learned counsel for the applicant, while relying upon a recent pronouncement of Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, has submitted that by directing the present application as an appeal, filed under Secs. 372 of Cr.P.C. (which is pari materia with Sec. 413 of Bharatiya Nagarik Suraksha Sanhita, 2023), the same be sent to appropriate Court for its disposal.

(3.) In M/s. Celestium Financial's case (supra), the Hon'ble Supreme Court has interpreted Secs. 372 and 378(4) of Cr.P.C. and has observed that the victim in a private complaint case has a right to file an appeal, under Sec. 372 of Cr.P.C., against the order of acquittal before the Court of Sessions. The Hon'ble Supreme Court has observed as follows: