HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6858/2025 Swami Ramanand Udaseen Sishya Shri Sukardev Muni Ji, Aged About 71 Years, R/o Dudu Road, Malpura, District-Tonk (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Bhagwati Prasad Gattani S/o Shri Nathmal Gattani, Aged About 46 Years, R/o V And Post-Vaisroli, Police Station - Gachipura, District Nagour. 3. Sh. Gauri Shankar Gattani S/o Shri Nathmal Gattani, Aged About 45 Years, R/o V And Post Vaisroli, Police Station - Gachipura, District - Nagour. ----Respondents For Petitioner(s) : Mr. Jai Kumar Yadav For Respondent(s) : Mr. Amit Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 29/10/2025 1. The instant criminal misc. petition has been preferred against the impugned judgment dated 19.09.2019 passed by Senior Civil Judge and Additional Chief Judicial Magistrate, Pushkar, District Ajmer in Criminal Complaint Case No.86/2007 by which the accused respondents were acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act of 2015”). 2. Learned counsel appearing on behalf of the complainant- petitioner submits that a complaint under Section 138 of the Act of 1881 was submitted against the accused-respondents and the (2 of 2) [CRLMP-6858/2025] same was dismissed on account of non-appearance of the petitioner before the trial court on the fateful day, i.e., 19.09.2019. Learned counsel submits that aggrieved by the aforesaid judgment, a criminal appeal was preferred before the court of Special Judge, SC and ST Prevention of Atrocities Cases, Ajmer, however, the same was rejected as not maintainable, hence, this criminal misc. petition has been preferred. 3. In the considered opinion of this Court, whenever any judgment of acquittal is passed in a criminal complaint submitted by the complainant, the criminal leave to appeal under Section 419 BNSS is maintainable. 4. At this stage, learned counsel appearing on behalf of the petitioner made an oral request for converting this criminal misc. petition as criminal leave to appeal under Section 419 BNSS. 5. Considering the aforesaid prayer, the instant criminal misc. petition is treated as criminal leave to appeal under Section 419 BNSS. Let amended cause-title be filed within a period of one week from today. The same be taken on record and be placed at appropriate place of the file. 6. For statistical purpose, this criminal misc. petition stands disposed of. (ANOOP KUMAR DHAND),J Karan/64