2026:HHC:38268 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 75 of 2026 Date of decision: 08.09.2026. Himachal Pradesh commercial Corporation ...Appellant. Versus Kuldeep Singh ...Respondent. Coram: The Hon’ble Mr. Justice Chirag Bhanu Singh, Judge. Whether approved for reporting?1 For the appellant : Mr. Deepak Gupta, Sr. Advocate with Ms. Meera Devi, Advocate. For the respondent : Nemo. Chirag Bhanu Singh, Judge (oral): The present appeal has been preferred under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) against the judgment dated 01.07.2026, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Shimla, District Shimla, H.P., whereby the complaint filed under Section 138 of the Negotiable Instruments Act was dismissed. 2. Feeling aggrieved from the acquittal, the complainant has preferred the present appeal. 3. However, perusal of Section 413 of the BNSS shows that as per the new provision enacted, the victim has also been 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- given a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting him for a lesser offence or imposing inadequate compensation. Such appeal has been directed to be filed before the Court to whom an appeal ordinarily lies against the order of conviction of such Court. 4. Recently, the Hon'ble Supreme Court in a case, titled as, Celestium Financial vs. A. Gnanashekaran etc., 2025 SCC OnLine SC 1320, has also clearly held that Section 138 of the NI Act, being in the nature of a penal provision, if an accused is acquitted, can be proceeded against by a victim by resorting to the provisions of Section 372 of the Cr.PC, (now Section 413 BNSS). The present Section i.e. Section 413 of BNSS, in no uncertain terms has added a proviso to include the victim, having a right to prefer an appeal either against the acquittal or even the quantum of sentence so imposed. The same shall however be to the Court of Sessions. 5. In view of the aforesaid circumstances emerging on record, the appeal by the victim will statutorily have to lie only under Section 413 BNSS. The appellant would thus be precluded from taking resort to Section 419. As a sequel, it is directed that the present appeal would not be maintainable before this Court. The appellant shall, however, be at liberty to approach the concerned Sessions Court in view of the new -3- provision enacted vide Section 413 of the BNSS. 6. The certified copies of the orders annexed along with the present appeal be returned to the learned counsel for the appellant, after retaining the photocopies thereof, allowing the appellant to approach the Court of competent jurisdiction. It is further made clear that the time spent by the appellant in prosecuting the present appeal shall not come in the way of the appellant while approaching the concerned Sessions Court. 7. The appeal is disposed of in the aforesaid terms. Pending applications, if any, also stand disposed of. (Chirag Bhanu Singh) Judge 8th September, 2026. (kck)