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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI, J
MANOJ KUMAR KHANDELWAL – Appellant
Versus
STATE & ANR. – Respondent
| Table of Content |
|---|
| 1. petition filed seeking leave to appeal against acquittal. (Para 1 , 2) |
| 2. complainant deemed a victim entitled to appeal. (Para 3 , 4) |
| 3. clarification on victim's appeal rights. (Para 5 , 6) |
| 4. petition dismissed as withdrawn; appeal to proceed in the sessions court. (Para 9 , 10) |
O R D E R
% 02.09.2025
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 20.01.2023 passed by learned JMFC, NI Act, Saket Court in the case bearing CC No.1900/17 titled as ‘Manoj Kumar Khandelwal v. Yogesh Kumar Sharma’, vide which the respondent No.2 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.
It was further held that such a complainant could maintain an appeal under proviso to Section 372 CrPC in
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