IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE GAJENDRA SINGH

th

ON THE 7 OF JANUARY, 2026

CRIMINAL APPEAL No. 12235 of 2025

SMT. MADHUBALA

Versus

SMT. VIMLA

Appearance:

Shri Dharmendra Singh Patel - Advocate for the petitioner.

ORDER

Heard on the question of maintainability.

02. This appeal under Section 419 of the Bhartiya Nagrik Suraksha Sanhita,

2023 (earlier section 378 of the Code of Criminal Procedure, 1973) is preferred by the complainant challenging the acquittal of the respondent/accused from the charges under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as "138 of the Act of 1881") in SCNIA No.42000/2016 by the Judicial Magistrate First Class, District Indore (M.P.) alongwith I.A. No.17514/2025 for

grant of leave to appeal.

03. 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