MPHC Allows Salita to Appeal Acquittal of Gendalal Under Section 138 NI Act
Parties Involved
Salita
Gendalal
AI Summary
The Madhya Pradesh High Court has allowed the complainant, Salita, to appeal against the acquittal of Gendalal under Section 138 of the Negotiable Instruments Act, recognizing the complainant as a victim entitled to appeal without needing special leave. This decision aligns with a recent Supreme Court ruling that affirms the rights of complainants in such cases.
Order Text
Salita vs Gendalal on 17 February, 2026 NEUTRAL CITATION NO. 2026:MPHC-IND:4900 1 CRA-5982-2023 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH ON THE 17th OF FEBRUARY, 2026 CRIMINAL APPEAL No. 5982 of 2023 SALITA Versus GENDALAL Appearance: Mr. Akash Rathi - Advocate for the appellant. ORDER Heard on the question of maintainability. 02. This appeal under Section 419(4) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (earlier section 378(4) of the Code of Criminal Procedure, 1973) is preferred by the complainant challenging the acquittal of the respondent/accused from the charges under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as "138 of the Act of 1881") in SCNIA/54/2019 by the Judicial Magistrate First Class, Kukshi, District Dhar (M.P.) alongwith I.A.No.6255/2023 for grant of leave to appeal. 03. The Supreme Court in the matter of M/s. Celestium Financial vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 held 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 the Bhartiya Nagrik Suraksha Sanhita, 2023. The Supreme Court has further held that the complainant in a complaint under Section 138 of the N.I. Act of Signature Not Verified Signed by: VARSHA SINGH Signing time: 17-Feb-26 7:10:13 PM NEUTRAL CITATION NO. 2026:MPHC-IND:4900 2 CRA-5982-2023 1881 can also be entitled to file an ap...
