222-II IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-AS-396-2022 Date of Decision: 07.11.2025 HARYANA STATE WAREHOUSING CORPORATION, KAITHAL ......... Applicant Versus M/S GANPATI RICE MILLS AND OTHERS ..... Respondents CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. Pawan Girdhar, Sr. Advocate with Ms. Manju Goyal, Advocate for the applicant.

Mr. N.S. Jagdar, Advocate and Mr. Aalok Jagga, Advocate for the respondents.

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YASHVIR SINGH RATHOR , J. (Oral)

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

2. The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal passed in a complaint case under Section 138 of the NI Act can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant?

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