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

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ON THE 5 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 7863 of 2016 VINOD NAMDEV Versus THE STATE OF MADHYA PRADESH THR. AND OTHERS Appearance:

Shri S S Rajpoot - Advocate for the petitioner.

Shri Samar Ghuraiya - Public Prosecutor for the respondents/ State.

ORDER This petition under Section 378(4) of the Code of Criminal Procedure, 1973 seeking leave to appeal is preferred by the complainant challenging the acquittal of the respondent/accused from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as "138 of the Act of 1881") in criminal case No.2058/2013 passed by the Judicial Magistrate First Class, Guna, District-Guna vide judgement dated 30/01/2016.

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