IN THE HIGH COURT OF PUNJAB & HARYANA AT 250-A Satish Kumar M/S Gopal Agencies 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 03.11.2023 1st Class, Moga, Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. A. Gnanasekara 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 meaning under Section 2 (wa) of Cr.P.C, in view 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 t 3. Court record, if received, along with the said order forthwith, while also informing the parties. 25.08.2025 parveen kumar Whether speaking/reasoned : Yes / No Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Satish Kumar Versus M/S Gopal Agencies CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Ashish Gupta, Advocate, for the applicant. AMAN CHAUDHARY, J. (ORAL) The present application has 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal 03.11.2023 passed by the learned Judicial Magistrate Moga, in a complaint filed under Section Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). Hon’ble the Supreme Court in A. Gnanasekaran Etc., 2025 SCC OnLine 1320, held that 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 it. Registry is directed to send the complete paper Court record, if received, along with the said order forthwith, while also informing the parties. Whether speaking/reasoned : Yes / No Whether reportable : Yes / No IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-178-2024 (O & M) Date of decision: 25.08.2025 ....Applicant ...Respondents BLE MR. JUSTICE AMAN CHAUDHARY Mr. Ashish Gupta, Advocate, 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 complaint filed under Sections 138(b) and 142 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, ‘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 o the Court concerned for deciding it. Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also (AMAN CHAUDHARY) JUDGE PARVEEN KUMAR 2025.08.27 18:33 I attest to the accuracy and integrity of this order/judgment.