IN THE 233 RAHUL KUMAR M/S AARES TELECOM PVT LTD CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal dated 18.12.2023 1st Class, Faridabad, Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. A. Gnanasekaran Etc. 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 as a ‘victim’ within the mea of which, the present appeal is 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 i IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RAHUL KUMAR Versus M/S AARES TELECOM PVT LTD CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Ms. Tavleen Kaur, Advocate for Mr. Shiv Kumar, Advocate, for the AMAN CHAUDHARY, J. (ORAL) The present application has been preferred under 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal 18.12.2023 passed by the learned Judicial Magistrate Faridabad, in a complaint filed under Se Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). Hon’ble the Supreme Court in A. Gnanasekaran Etc., 2025 SCC OnLine 1320, held t maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a under Section 138 NI Act, by treating the complainant ‘victim’ within the meaning under Section 2 (wa) of Cr.P.C, in view the present appeal is 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 i HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-128-2024 (O & M) Date of decision: 10.09.2025 ....Applicant ...Respondent BLE MR. JUSTICE AMAN CHAUDHARY s. Tavleen Kaur, Advocate for for the applicant. The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal passed by the learned Judicial Magistrate in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). in M/s Celestium Financial vs. , 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 under Section 138 NI Act, by treating the complainant therein, ning under Section 2 (wa) of Cr.P.C, in view the present appeal is 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 it. PARVEEN KUMAR 2025.09.11 11:20 I attest to the accuracy and integrity of this order/judgment. CRM-A-128-2024 -2- 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. 10.09.2025 (AMAN CHAUDHARY) parveen kumar JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No PARVEEN KUMAR 2025.09.11 11:20 I attest to the accuracy and integrity of this order/judgment.