(Prayer: IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Special Leave to this Petitioner/Appellant to file the present appeal against judgment passed in CC No. 1985 of 2019 dated 10-10-2025 passed on the file of Hon'ble Court of Special Judicial Magistrate of First Class, Excise Court, Ongole in the interest of justice)

1. Heard learned counsel representing Smt.Ayesha Azma S, learned counsel for the petitioner/appellant/Complainant. He would submit that the appeal grounds may be returned permitting the appellant to file appeal before concerned Sessions Court as per proviso to Sections 372 of Cr.P.C., in the light of the Judgment of Hon’ble Apex Court in the case of M/s.Celestium Financial Vs. A.Gnanasekaran (2025 Livelaw (SC) 666).

2. This appeal is preferred challenging the judgment dated 10.10.2025 rendered in C.C.No.1985 of 2019 on the file of learned Special Judicial Magistrate of First Class, Excise Court, Ongole.

3. The learned trial Court found the accused not guilty for the offence under Section 138 of N.I.Act and thereby, acquitted the accused U/s.255(1) Cr.P.C. Hence, the complainant preferred the appeal before this Court under Section 378(4) of Cr.P.C.

4. The Hon’ble Apex Court in the above judgment relied on by the learned counsel for the appellant held that “if the complainant is also a victim, they can prefer appeal under the proviso to section 372 Cr.P.C., in the case of dishonoured cheque also”.

5. Undisputedly, the present appeal is preferred by the complainant, who is also a victim in a complaint filed for the offence U/s.138 of N.I.Act. Therefore, the complainant can prefer the appeal before the concerned Sessions Court under the proviso to Section 372 of Cr.P.C., equivalent to Section 413 of BNSS, 2023.

6. In the light of foregoing discussion, Registry is directed to return the original bundle forthwith to the appellant, to enable him to represent the appeal within 4 (four) weeks from the date of receipt of copy of this Order, before the concerned Sessions Court in accordance with law. On such representation, concerned Sessions Court shall proceed with the appeal in accordance with law.

7. Accordingly, the appeal is returned.