Page No.# 1/3 GAHC010275482024 2026:GAU-AS:13541 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./52/2024 M/S G.S. AGENCIES A PROPRIETORSHIP FIRM, HAVING ITS REGISTERED OFFICE AT SHOP NO. 101, MANGALRAM MARKET, 1ST FLOOR, A.T. ROAD, GUWAHATI-781001, DIST. KAMRUP (M), ASSAM, REP. BY ITS PROPRIETOR SRI SANJAY AGARWAL, S/O. OF LATE GANGA PRASAD AGARWAL VERSUS M/S AIR COOLING CORPORATION AND ANR REGISTERED OFFICE HOUSE NO. 45, NALINI BAA DEVI PATH, SHREE NAGAR, CHRISTIAN BASTI, P/S. DISPUR, GUWAHATI-781005, DIST. KAMRUP (M), ASSAM. 2:PRIYANGSHU GOSWAMI PROPRIETOR OF M/S. AIR COOING CORPORATION RESIDENCE OF HOUSE NO. 2 1ST FLOOR SATYAPUR PATH BELTOLA BAZAR P/S. DISPUR GUWAHATI-781028 DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR. N N JHA, MR. M BERIA,MR. M UDDIN,MS M SAHOO,D DAS Advocate for the Respondent : MR A HOSSAIN (R-2), Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 14.09.2026 Heard Mr N N Jha, learned counsel for the petitioner. 2. It is noticed that the instant case is filed under Section 419 of the BNSS, 2023, challenging the Judgment and Order dated 29/10/2024, passed by the learned JMFC, Kamrup (Metro), at Guwahati, in CR Case No. 2913/2016, by which the respondents were acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881. 4. It is a settled position of law that although the complainant has the right to file an application against the acquittal under Section 419(4) of the BNSS, 2023, but it has been held that the complainant will come under the purview of the victim and since a special provision is provided for, in the BNSS, 2023, under Section 413 of the said Code, the complainant or the victim should file an application against the acquittal order before the Court where ordinarily, an appeal lies. 5. As such, the learned counsel for the petitioner submits that this position has been settled by the Supreme Court in the case of Celestium Financial v. A. Gnanasekaran; reported in 2025 SCC Online SC 1329. As such, the learned counsel for the petitioner submits that he be permitted to move an application before the Sessions Court against the acquittal order passed by the learned JMFC, Kamrup (Metro), at Guwahati, in CR Page No.# 3/3 Case No. 2913/2016. 6. Prayer is allowed. 7. Matter is closed with the liberty to file the appropriate application before the concerned Court. Further, since the petitioner has filed the application under Section 19(4) before this Court, the delay that will be caused in filing the necessary application before the concerned Court, may be considered after deducting the period he has spent in the High Court. JUDGE Comparing Assistant