IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-1366-2023 Date of decision: 24.03.2026 ABRAR KHAN ….Appellant Versus DEVENDER ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Ashish Jhamb, Advocate for the appellant.

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RUPINDERJIT CHAHAL, J. (ORAL)

1. The present application has been filed under Section 378(4) Cr.P.C. seeking to challenge the order dated 11.08.2023 passed by the Court of Judicial Magistrate Ist Class, Faridabad, whereby, the complaint under Section 138 of the Negotiable Instruments Act, filed by the applicant-petitioner was dismissed against the respondent who was acquitted therein.

2. The appeal was preferred before this Court by the applicant within a period of limitation.

3. 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 NI Act can be entertained under the proviso to Section 372 of the Cr.P.C. (now Section 413 of BNSS) at the instance of the complainant?

4. The issue is no longer res integra. In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208’, the Hon’ble Suprem