BHAGWAN Vs. PAWAN KUMAR

JUDGEMENT

(1.) The present application has been preferred under Sec. 419(4) of BNSS, 2023 seeking grant of leave to appeal against the judgment of acquittal dtd. 10/3/2025 passed by the Judicial Magistrate Ist Class, Chandigarh in a case stemming from complaint dtd. 7/5/2021 filed under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter to be referred as 'NI Act').

(2.) The complaint(supra) was filed on the ground of dishonour of cheque amounting to Rs.4,60,000.00. After assessing all the material available on the record, the learned trial Court acquitted the respondent vide judgment dtd. 10/3/2025.

(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: