IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 12 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 29 of 2019

KAMAL DUSEJA

Versus

ASHOK KUMAR SINGHAL

Appearance:

Shri Vivek Khedkar - Senior Advocate with Shri Kartik Karara -

Advocate for petitioner.

Shri Anmol Khedkar - Advocate for respondent.

ORDER also be entitled to file an appeal under proviso to section 372 of the Cr.P.C.

This petition under Section 482 of the Code of Criminal Procedure,

1973 has been filed by the petitioner 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") by JMFC Gwalior in Criminal Case No. 1038/2011 vide order dated

05.11.2015.

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