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

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ON THE 5 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 10998 of 2022 SURENDRA SINGH Versus BADRILAL Appearance:

Mr. Nilesh Dave - Advocate for the appellant.

Mr. Rahul Solanki appearing on behalf of Advocate General.

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.67/2021 by the Judicial Magistrate First Class, Nagda, District Ujjain (M.P.) alongwith I.A. No.15330/2022 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 furt