This appeal under section 378 (4) of Cr.P.C. has been filed against the
judgment dated 09.05.2023 passed by the learned Judicial Magistrate First Class,
Durg District- Durg (CG) in Criminal Case/CIS No. 10153 of 2015 acquitting the
respondent/accused of the charge under section 138 of the Negotiable Instrument
Act, 1881 (for short the “Act of 1881”). Appeal was filed along-with an application
under section 378(4) of the Cr.P.C. for grant of leave to appeal against the
impugned judgment. The said application was allowed by this Court on 13.06.2024.
2. Learned counsel for the appellant submits that though leave to appeal under
section 378(4) of the Cr.P.C. has been granted by this Court, recently the Supreme
Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A.
Gnanasekaran Etc. reported in 2025 INSC 804 holding that the complainant in a
complaint filed under section 138 of the Act of 1881 is also a victim as defined in
section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha
Sanhita, 2023 (for short the “BNSS”). He submits that the Supreme Court has
further held that the complainant in a complaint under section 138 of the Act of 1881
can also be entitled to file an appeal under proviso to section 372 Cr.P.C.