JASPAL MEHTA Vs. KAMAL KHAN

JUDGEMENT

(1.) The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'NI Act'), whereby the complaint filed by the applicant was dismissed and the accused was acquitted.

(2.) The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal passed in a complaint case under Sec. 138 of the NI Act can be entertained under the proviso to Sec. 372 of the Cr.P.C. at the instance of the complainant?

(3.) The issue is no longer res integra. In 'M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208', the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under Sec. 138 of the NI Act, qualifies as a 'victim' under Sec. 2(wa) of the Cr.P.C., being the person who suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Sec. 372 of the Cr.P.C., without the requirement of seeking special leave under Sec. 378(4) of the Cr.P.C.