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Judgment
Chirag Bhanu Singh, Judge (Oral)
Perusal of the record shows that the appellant/complainant has preferred the appeal, against the acquittal passed by the learned Additional Chief Judicial Magistrate Court No.1, Kangra, District Kangra, H.P., whereby the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, has been dismissed.
It is now by fairly well settled that keeping in view the terms of the provisions contained under Section 413 of the BNSS, 2023, as 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 complaint, under Section 138 of the Negotiable Instruments 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 having been not maintainable. However, the appellant shall be at liberty to approach the learned Sessions Court of competent jurisdiction, enabling the appellant 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 his way, as far as, limitation to file the same are concerned. The appeal is disposed of in the aforesaid directions. Record of the learned trial Court be sent back.
Pending application(s), if any, also stands disposed of.