% 25.08.2025
1. The present petition has been filed under Section 378(4) Cr.P.C. by
the petitioner/complainant seeking leave to appeal against the judgement
dated 25.01.2022 passed by the learned JMFC, Karkardooma Courts in the
case bearing CC No.3051/2020 titled as “Shri Anil Kumar v. Shri Ram
Kumar Katariya”, vide which the respondent was acquitted of the offense
under Section 138 NI Act.
2. The attention of this Court is drawn to the recent decision of the
Supreme Court in Celestium Financial vs A. Gnanasekaran etc, reported as
2025 SCC OnLine SC 1320 wherein, it has been held that the complainant
under Section 138 NI Act, who suffers financial loss and injury on account
of the dishonour of cheque, would qualify as a victim within the meaning of
Section 2 (wa) Cr.P.C.
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