IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 20 OF NOVEMBER, 2025 MISC. CRIMINAL CASE No. 883 of 2013 PRAKASH CHANDRA AGARWAL Versus STATE OF M.P AND OTHERS Appearance:

Shri Vivek Mishra - Advocate for the petitioner.

Shri B.P.S. Chauhan-Public Prosecutor for respondent No.1/State.

ORDER This petition under Section 378(4) of the Code of Criminal Procedure, 1973 seeking leave to appeal is preferred by the applicant challenging the acquittal of the respondent/accused from the offence under Section 138 of Negotiable Instruments Act, 1881 in Criminal Case No.3166/2007 by Additional Chief Judicial Magistrate, Gwalior vide order dated 27/09/2012.

2. The Supreme Court in the matter of M/s. Celestium Financial vs. A.

Gnanasekaran Etc. reported in 2025 INSC 804 held 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 the Bhartiya Nagrik Suraksha Sanhita, 2023. 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 se