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

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ON THE 3 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 10850 of 2022 SHRI PREM FINANCE THROUGH PRIVATE RAJENDRA Versus NILESH NAGAR Appearance:

None for the appellant.

Ms. Pooja Varma - Advocate for the respondent [R-1].

ORDER Heard on the question of maintainability.

02. This appeal under Section 419(4) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (earlier section 378(4) 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/17387/2016 by the Judicial Magistrate First Class, District - Indore (M.P.) alongwith I.A.No.16462/2023 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