IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH

th

ON THE 10 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 10326 of 2025 JAGDISH JI SINGHAL (DIED) THROUGH LRS URMILA AND OTHERS Versus PRASHANT Appearance:

Ms. Archana Maheshwari - Advocate for the appellant.

ORDER Heard on the question of maintainability.

02. This appeal under Section 415 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.2019/2017 by the Judicial Magistrate First Class, District Neemuch (M.P.) alongwith I.A. No.14875/2025 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