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NEUTRAL CITATION NO. 2026:MPHC-IND:2897

1 MCRC-14583-2018

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 29 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 14583 of 2018

REKHA BAI

Versus

HUKUM SINGH

Appearance:

Shri Mayank Mishra - Advocate for the petitioner through VC.

ORDER

1. This petition u/S 378(4) of Cr.P.C. has been filed feeling aggrieved

by the Judgment dated 28/02/2018 passed in Criminal Case No. 5397/2008,

whereby the learned Judicial Magistrate First Class, Ujjain, Distt. Ujjain has

acquitted the accused/respondent of the charges under Section 138 of the

Negotiable Instrument Act, 1881(for short, referred to as 'N.I. Act'

hereinafter).

2. The exposition of facts giving rise to the present petition is as

under:

A. The petitioner/complainant had given loan of Rs. 30,00,000/-, by

way of cheque of Rs.25,00,000/- and Rs. 5,00,000/- in cash on

11/09/2008 to the respondent. The respondent promised to return the

amount of loan and gave cheque no. 038875 of Rs. 30,00,000/- on

25/02/2011 to the petitioner. On 24/03/2011, when the petitioner

deposited the cheque in the bank, it was dishonoured and returned back

to the petitioner with the remark 'balance insufficient' on 30/03/2011

Signature Not Verified

Signed by: AMOL

NIVRUTTIRAO MAHANAG

Signing time: 31-01-2026

10:54:43

NEUTRAL CITATION NO. 2026:MPHC-IND:2897

2 MCRC-14583-2018

The petitioner had given notice dated 02/04/2011 through registered AD

post and courier. But the cheque amount was not paid. Accordingly, a

private complaint was filed before the Court for offence punishable u/S

138 of N.I. Act.

B. The trial Court acquitted the accused/respondent of the offence

punishable u/S 138 of N.I. Act.

3. The present petition has been filed seeking leave to appeal before

this Court. The learned counsel for the petitioner proposes to withdraw this

petition in view of the law laid down in the case of M/s. Celestium Financial

vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 with liberty to file

appeal before the appellate forum.

4. Heard, learned counsel for the petitioner and perused the record.

5 . The Supreme Court in the case of M/s. Celestium Financial

(supra) 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 further held that the complainant in a complaint under

Section 138 of the N.I. Act of 1881 is entitled to file an appeal under proviso

to Section 372 of the Cr.P.C/Section 413 of the BNSS. The relevant portion

of the aforesaid judgment is reproduced as under:-

"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 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

Signature Not Verified

Signed by: AMOL

NIVRUTTIRAO MAHANAG

Signing time: 31-01-2026

10:54:43

NEUTRAL CITATION NO. 2026:MPHC-IND:2897

3 MCRC-14583-2018

option and he need not then elect to proceed under Section 378 of the CrPC.

7.9 In