AI Structured Summary
Not yet generated for this judgment
Judgment
Chirag Bhanu Singh, Judge (Oral)
Cr. MP (M) No. 1949 of 2026
For the reasons stated in the application, one year, three months and nine days delay in filing the petition is condoned.
The application is disposed off accordingly.
Cr. Appeal No.___ of 2025 (Cr.AST 5276/2025)
Be registered.
Perusal of the record shows that the appellant/complainant has preferred the appeal, against the acquittal passed by the learned Judicial Magistrate First Class, Bilaspur, District Bilaspur, H.P., whereby the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act (NI Act) has been dismissed.
It is by now fairly settled that keeping in view the terms of the provisions contained under Section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and the judgment passed by the Hon'ble Supreme Court in Celestium Financial Versus A. Gnanasekarn (2025 SCC OnLine SC 1320), the complainant aggrieved by the dismissal of complaint, under Section 138 of the N.I. Act, is required to file an appeal before the learned Sessions Court. While interpreting the provisions of the old corresponding Section i.e. Section 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.
In view of the aforesaid circumstances emerging on the record, the appeal has been rendered otiose. As a sequel, the appeal is dismissed as having been not maintainable. However, the appellant shall be at liberty to approach the learned Sessions Court of competent jurisdiction, enabling it to proceed with the matter in accordance with law, if so desired.
It is made clear that the time spent by the appellant in pursuing the appeal shall not stand on its way, as far as, the limitation to file the same is concerned. The appeal is disposed off in the aforesaid terms. Record of the learned trial Court be sent back forthwith.
Pending application(s), if any, also stands disposed of.