ASHRAJ STONE PRIVATE LIMITED Vs. KARAV INTERNATIONAL

JUDGEMENT

(1.) This application for grant of leave to file appeal has been filed by complainant-Ashraj Stone Pvt. Ltd. against the order dtd. 13/9/2022 passed in Case No.251/2018, where-under the sole respondent has been acquitted of the charge under Sec. 138 of the Negotiable Instruments Act.

(2.) It is not disputed that the cheque was issued in favour of the applicant. Therefore, the applicant was victim of the crime as defined under Sec. 2(y) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows :

(3.) Sec. 413 BNSS is corresponding provision of Sec. 372 Cr.P.C., wherein, proviso was inserted by amendment with effect from 31/12/2009. The said provision under Sec. 413 BNSS reads as follows :