For Respondent : None SB: Hon'ble Shri Justic e Sanjay S. Agrawa l Judgment on Board

16/07/2025

1) This appeal has been preferred by the appellant/complainant under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment of acquittal dated 05.01.2022 passed by the Judicial 2016, whereby, the respondent/accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

2) At the outset, learned counsel appearing for the appellant submits that recently, in the judgment dated 08.04.2025, rendered by Hon’ble the Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc. , reported in 2025 INSC 804 , right to prefer an appeal under the proviso to Section 372 Cr.P.C. was discussed and it was held that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Learned Counsel for the appellant submits further that the Supreme Court in the said matter has reserved the liberty in favour of the petitioner therein to prefer an appeal in the light of the p