Dharamchand v. Krishan


     

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   !# 8$$applications have been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking grant of leave to appeals against the judgment of acquittal dated 17.03.2025 passed by the learned Sub-Divisional Judicial Magistrate, Loharu, in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter 'NI Act').

2.

Hon'ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320, held that an appeal is maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint under Section 138 NI Act, by treating the complainant therein, as a 'victim' within DINESH 2026.01.16 08:17 I attest to the accuracy and integrity of this document

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  -    the meaning under Section 2 (wa) of Cr.P.C, in view of which, the present applications are disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding them. 3.

Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the parties.

4.

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