221 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.-

CRA-AS-234-2017 (O&M)

Date of Decision : 02.02.2026 Mukesh Takkar ....Petitioner VERSUS Mange Ram ....Respondent CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Lakshya Saini, Advocate for Mr. Sandeep K. Sharma, Advocate for the petitioner.

Mr. N.C.Kinra, Advocate for the respondent.

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MANDEEP PANNU J. (Oral)

1. The applicant has filed the present application under Section 378(4) Cr.P.C for grant of leave to file an appeal against the impugned judgment dated 19.01.2011 passed by learned Judicial Magistrate, Ist Class Rohtak, whereby the trial Court has acquitted the respondents-accused in a complaint under Section 138 of the Negotiable Instruments Act.

2. Vide order dated 13.12.2017, leave to appeal was granted.

3. The limited question which arises for consideration in the present proceedings is with regard to the maintainability of an appeal against an order of acquittal passed in a complaint case and, more particularly, as to whether such an appeal can be entertained under the proviso to Section 372 of the Code of Criminal Procedure at the instance of the complainant.

4. This Court has carefully considered the statutor