IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE GAJENDRA SINGH

th

ON THE 14 OF JANUARY, 2026

CRIMINAL APPEAL No. 252 of 2024

D.K. KHATRI CONSTRUCTION THROUGH D.K. KHATRI DECEASED

THROUGH LRS. SMT. MEENA AND OTHERS

Versus

HIMMATSINGH

Appearance:

Mr. Navneet Kishore Verma - Advocate for the appellant.

Mr. Hemant Kumar Shrama, Advocate for the respondent [R-1].

ORDER that the complainant in a complaint under Section 138 of the N.I. Act of 1881 can also be entitled to file an appeal under proviso to section 372 of the Cr.P.C. corresponding to Section 413 of the BNSS.

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.696/2018 by the Judicial Magistrate First Class, Dewas (M.P.)

alongwith I.A. No.156/2024 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

04. Relevant portion of the aforesaid judgment is reproduced as under:-

"7. xxx xxx xxx

7.1 xxx xxx xxx 7.2 xxx xxx xxx 7.3 xxx xxx xxx 7.4 xxx xxx xxx 7.5 xxx xxx xxx 7.6 xxx xxx xxx

7.7 In the context of offences under the Act, particularly under Section 138 of the said Act, the complainant is clearly the aggrieved party who has suffered economic loss and injury due to the default in payment by the accused owing to the dishonour of the cheque which is deemed to be an offence under that provision. In such circumstances, it would be just, reasonable and in consonance with the spirit of the CrPC to hold that the complainant under the Act also qualifies as a victim within the meaning of Section 2(wa) of the CrPC. Consequently, such a complainant ought to be extended the benefit of the proviso to Section 372, thereby enabling him to maintain an appeal against an order of acquittal in his own right without the cheque which is deemed to be an offence under that provision. In such circumstances, it would be just, reasonable and in consonance with the spirit of the CrPC to hold that the complainant under the Act also qualifies as a victim within the meaning of Section 2(wa) of the CrPC. Consequently, such a complainant ought to be extended the benefit of the proviso to Section 372, thereby enabling him to maintain an appeal against an order of acquittal in his own right without having to seek special leave under Section 378(4) of the CrPC. having to seek special leave under Section

378(4) of the CrPC.

7.8 In the case of an offence alleged against an accused under Section 138 of the Act, we are of the view that the complainant is indeed the victim owing to the alleged dishonour of a cheque. In the circumstances, the complainant can proceed as per the proviso to Section 372 of the CrPC and he may exercise such an option and he need not then elect to proceed under Section 378 of the CrPC.

7.9 In this context, we wish to state that the proviso to Section 372 does not make a distinction between an accused who is charged of an offence under the penal law or a person who is deemed to have committed an offence under Section 138 of the Act. Symmetrical to a victim of an offence, a victim of a deemed offence. under Section 138 of the Act also has the right to prefer an appeal against any order passed by the court acquitting the accused or convicting for a lesser offence or imposing an inadequate compensation. When viewed from the perspective of an offence under any penal law or a deemed offence under Section 1