1. This is an appeal under Section 419 (4) of Bharatiya Nagarik Suraksha
Sanhita, 2023 (for short the “BNSS”). An application for grant of leave to
appeal has been filed against the judgment of acquittal dated 09.10.2024
passed in Criminal Case No. 1262/2022 by the Chief Judicial Magistrate First
Class, Korba, District – Korba (C.G.). The said application was allowed by
this Court on 12/12/2024.
2. Learned counsel for the appellant submits that though leave to appeal has
been granted, recently the Supreme Court has delivered a judgment in the
matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in
2025 INSC 804 holding that the complainant in a complaint filed under
section 138 of the Act of 1881 is also a victim as defined in section 2(wa) of
Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita,
2023 (for short the “BNSS”). He submits that the Supreme Court has further
held that the complainant in a complaint under section 138 of the Act of 1881
can also be entitled to file an appeal under proviso to section 372 Cr.P.C.