249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-AS-50-2023 Date of decision : 11.11.2025 THE HISAR CANAL DEPARTMENT CO OP (SE) THRIFT AND CREDIT SOCIETY LTD ...... APPLICANT/APPELLANT VERSUS SATBIR SINGH ...... RESPONDENT CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present : Ms. Kiran Bala Jain, Advocate with Ms. Anjali Rani, Advocate for the applicant-appellant.

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SURYA PARTAP SINGH . J.(Oral)

1. The appellant has filed the present appeal against the judgment of acquittal, passed in a complaint case instituted under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’) and Section 420 IPC, whereby, a complaint filed by the applicant was dismissed and the accused acquitted.

2. The limited question arising for consideration in the present proceedings is whether an appeal against a judgment of acquittal passed by the Court of learned Judicial Magistrate 1^st Class, Hisar in a complaint case, with regard to commission of offence punishable under Section 138 of NI Act, can be entertained at the instance of complainant under the proviso to Section 372 of the Cr.P.C.?

3. The issue is no longer res integra. In ‘M/s Celestium Financial Vs. A. G