% 25.08.2025
1. The present petition has been filed under Section 378(4) Cr.P.C. by
the petitioner/complainant seeking leave to appeal against the judgement
dated 30.05.2023 passed by JMFC, Saket Court in the case bearing CC
No.4335/2021 titled as “Jitender Kumar v. Mukesh” , vide which the
respondent was acquitted of the offense under Section 138 NI Act.
2. The attention of this Court is drawn to the recent decision of the
Supreme Court in Celestium Financial vs A. Gnanasekaran etc, reported as
2025 SCC OnLine SC 1320 wherein, it has been held that the complainant
under Section 138 NI Act, who suffers financial loss and injury on account
of the dishonour of cheque, would qualify as a victim within the meaning of
Section 2 (wa) Cr.P.C.