USHA Vs. MOHAN PYARA

JUDGEMENT

(1.) The present application has been preferred under Sec. 378(4) of the Code of Criminal Procedurre, 1973 (hereinafter 'CR.P.C.') seeking grant of leave to appeal the judgment of acquittal dtd. 3/10/2019 passed by thhe learned Sub Divisional Judiciial Magistrate Narwana, in a casse stemming from complaint dtd. 10/10/2017 filed under Sec. 138/142 of Negotiable Instruments Act, 1881.

(2.) The complaint (supra) was fileed on the ground of dishonour of cheque of Rs.5,00,000.00. After assessing all the material available on thhe record, the learned trial Court acquitted the respondent(s) vide judgmennt dtd. 3/10/2019.

(3.) The Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criiminal) 208, after considerablle discussion and comparative interpretation of Ss. 372 and 378(4) of Cr.P.C., conncluded that the victim has a righht to file an appeal under Sec. 372 of Cr.P.C. before the Court of Sessions. Speaking through Justice B.V. Nagarathna, the following was held: