RAM AGRO Vs. SONIA OVERSEAS PVT. LTD.

JUDGEMENT

(1.) The present application has been preferred under Sec. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'CR.P.C.') seeking grant of leave to appeal against the judgment of acquittal dtd. 4/9/2018 passed by the learned Judicial Magistrate 1st Class, Dhuri, in a case stemming from complaint dtd. 27/12/2014 filed under Sec. 138 of the Negotiable Instruments Act.

(2.) The complaint (supra) was filed on the ground of dishonour of cheque of the amount of Rs.8,00,000.00. After assessing all the material available on the record, the learned trial Court acquitted respondent No.2 vide judgment dtd. 4/9/2018.

(3.) The Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc. 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation of Ss. 372 and 378(4) of Cr.P.C., concluded that the victim has a right 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: