VIKRAM MANSHANI Vs. PRAVEEN SHARMA

JUDGEMENT

(1.) This application for grant of leave to file appeal has been filed by complainant-Vikram Manshani against the judgment dtd. 12/2/2024 passed in Criminal Case No.3108/2016, 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.) In Mallikarjun Kodagali Vs. State of Karnataka and Ors., reported in (2019) SCC 752 as well as Joseph Stephen and Ors. Vs. Santhanasamy and Ors., reported in (2022) 13 SCC 115, the Hon'ble Supreme Court held that so far as the victim is concerned, the victim has not to pray for grant of special leave to appeal, as the victim has a statutory right of appeal under Sec. 372 proviso and the proviso to Sec. 372 does not stipulate any condition of obtaining special leave to appeal like sub-Sec. (4) of Sec. 378 Cr.P.C. in the case of a complainant and in a case where an order of acquittal is passed in any case instituted upon complaint.