1 ( 2026:HHC:41985 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Appeal No.260 of 2015 a/w Cr. Appeal No.261 of 2015 Date of Decision: 25.09.2026 Cr. Appeal No.260 of 2015 Gautam Thakur …Petitioner Versus Rajesh Joshi …..Respondent Cr. Appeal No.261 of 2015 Gautam Thakur …Petitioner Versus Rajesh Joshi ….Respondent Coram: The Hon’ble Mr. Justice Chirag Bhanu Singh, Judge. Whether approved for reporting? No 1 For the Petitioner(s) : Mr. Hemant Kumar Thakur, Advocate, vice Mr. Shyam Singh Chauhan, Advocate. For the Respondent(s) : Mr. Dibender Ghosh, Advocate. Chirag Bhanu Singh, Judge (Oral) The complainant has preferred both the appeals, against the acquittal passed by the learned Judicial Magistrate First Class, Manali, District Kullu, H.P., whereby the complaints filed by the appellant(s) under Section 138 of the Negotiable Instruments Act, stand dismissed. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 ( 2026:HHC:41985 ) 2. It is now by fairly well settled that keeping in view the terms of the provisions contained under Section 413 of the Bharatiya Nagarik Suraksha Sanhita 2023, (hereinafter referred to as the BNSS) and the judgment passed by the Hon’ble Supreme Court in Celestium Financial versus A. Gnanasekaran, 2025 SCC OnLine SC 1320, the complainant aggrieved by the dismissal of complaints, under Section 138 of the Negotiable Instruments Act, are required to file an appeal before the learned Sessions Court. While interpreting the provisions of the old corresponding Section i.e. 372 of the Code of Criminal Procedure, the Hon’ble Supreme Court in Mallikarjun Kodagali (Dead), represented through legal representatives versus State of Karnataka and others, (2019) 2 Supreme Court Cases 752, had also enunciated the very same proposition. 3. In view of the aforesaid circumstances emerging on the record, both the appeals have now been rendered otiose. As a sequel, both the appeals are dismissed being not maintainable. However, the appellant(s) shall be at liberty to approach the learned Sessions Court of competent 3 ( 2026:HHC:41985 ) jurisdiction, enabling the appellant(s) to proceed with the matter in accordance with law, if so desired. 4. It is made clear that the time spent by the appellant(s) in pursuing the appeals, before this Court shall not stand in their way, as far as limitation to file the same are concerned. Both the appeals are disposed off in the aforesaid terms. Records of the learned trial Court be sent back forthwith. 5. Pending application(s), if any, also stands disposed off. (Chirag Bhanu Singh) Judge September 25, 2026 (subhash sharma)