Criminal Procedure Code, 1973 – Ss. 372 proviso, 378(4) – Negotiable Instruments Act, 1881 – S. 138 – Complainant in cheque-dishonour complaint is a “victim” – Appeal lies under S. 372 proviso without special leave Held, in view of the Supreme Court decision in M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804, a complainant in proceedings under S.138 NI Act falls within the definition of “victim” under S.2(wa) CrPC (corresponding S.2(y) BNSS). Consequently, a complainant has an independent statutory right to appeal against an acquittal under proviso to S.372 CrPC / S.413 BNSS, without seeking special leave under S.378(4). (Paras 2–3, 7)

A. Criminal Procedure Code, 1973 – Ss. 372 proviso, 378(4) – Negotiable Instruments Act, 1881 – S. 138 – Complainant in cheque-dishonour complaint is a “victim” – Appeal lies under S. 372 proviso without special leave

Held, in view of the Supreme Court decision in M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804, a complainant in proceedings under S.138 NI Act falls within the definition of “victim” under S.2(wa) CrPC (corresponding S.2(y) BNSS). Consequently, a complainant has an independent statutory right to appeal against an acquittal under proviso to S.372 CrPC / S.413 BNSS, without seeking special leave under S.378(4).
(Paras 2–3, 7)

B. Criminal Procedure – Cheque dishonour – Appeal against acquittal – Maintainability – Liberty to avail remedy under S.372 proviso

Since complainant-appellant sought to invoke the newly clarified remedy under S.372 proviso, High Court permitted withdrawal of the acquittal appeal (filed under S.378(4) CrPC) with liberty to file a fresh appeal before the Sessions Judge as a victim-complainant.
(Paras 4, 7)

C. Limitation – Appeal by victim under S.372 proviso – Exemption from limitation when re-filed pursuant to liberty granted by High Court

Directed that if the fresh appeal under S.372 proviso (S.413 BNSS) is filed within 60 days from receipt of the High Court’s order, the Sessions Court shall not insist on limitation and shall decide the appeal on merits.
(Para 7)

D. Practice & Procedure – Return of certified copy

Registry directed to return certified copy of the impugned judgment after retaining attested photocopy.
(Para 8)

E. Result

Acquittal appeal disposed of as withdrawn with liberty as above; trial court record to be returned.
(Paras 7, 9–10)