Advocates Appeared:
For the Appellants : T.R. Krishnadas, S. Abhilash, Rahul R. Pai
For the Respondent: Noushad A.

Based on the provided legal document, here are the key points regarding the victim's right to appeal against acquittal without seeking leave:

• Statutory Right to Appeal Without Leave: Victims in private complaints have the absolute right to prefer an appeal against an order of acquittal without seeking special leave from the court under Section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) or the proviso to Section 372 of the Code of Criminal Procedure (Cr.P.C.) (!) (!) (!) (!) (!) .
• Definition of Victim: The term "victim" includes not only the person who suffered loss or injury due to the accused's act but also their guardian or legal heir, as defined under Section 2(wa) of the Cr.P.C. (!) .
• Complainant as Victim: In cases instituted via private complaint (such as under the Negotiable Instruments Act, Section 138), the complainant is deemed to be the same person as the victim who suffered economic loss and injury, thereby qualifying to file an appeal as a matter of right (!) (!) (!) .
• Distinction Between Complainant and Informant: If a complainant is merely an informant and not a victim, they must seek special leave under Section 378(4) of the Cr.P.C. or Section 419(4) of the BNSS to appeal an acquittal; however, if they are a victim, the requirement for leave does not arise (!) (!) .
• Procedural Consequence: Appeals filed by victims under these provisions must be returned to the appellant if they incorrectly seek leave from the High Court, as they should instead be presented directly to the competent Sessions Court where appeals ordinarily lie (!) (!) .
• Judicial Precedent: The legal position aligns with the Apex Court's decision in M/s. Celestium Financial Vs. A. Gnanasekaran, which affirmed that complainants in private complaint cases who are victims can appeal without leave (!) (!) .
• Limitation on Leave Applications: If a complainant who is not a victim seeks special leave under Section 378(4) and it is refused, no further appeal lies under Section 378(1) or (2) (!) .