Order

This application for grant of leave to file appeal has been filed by complainant-Ashraj Stone Pvt. Ltd. against the order dated 13.09.2022 passed in Case No.251/2018, where-under the sole respondent has been acquitted of the charge under Section 138 of the Negotiable Instruments Act .

It is not disputed that the cheque was issued in favour of the applicant. Therefore, the applicant was victim of the crime as defined under Section 2(y) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), which reads as follows :

Section 2(y) “Victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim.”

Section 413 BNSS is corresponding provision of Section 372 Cr.P.C., wherein, proviso was inserted by amendment with effect from 31.12.2009. The said provision under Section 413 BNSS reads as follows :

“413. No appeal to lie unless otherwise provided.- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by his Sanhita or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any