Sandeep Gupta v. Jaswinder S.Tomar
Case brief
What is this about?
The Court held that a complainant under Section 138 NI Act is a 'victim' entitled to appeal against acquittal directly to the Sessions Court under Section 372 Cr.P.C. Consequently, the pending High Court appeal under Section 378(4) Cr.P.C. was transferred to the Sessions Court to be treated as a first appeal under Section 413 BNSS. No decision on merits was made.
What did the court decide?
The appeal filed under Section 378(4) Cr.P.C. is transferred to the Court of Sessions to be heard and disposed of as a first appeal under the proviso to Section 413 BNSS.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.A. 1167/2013 SANDEEP GUPTA
.....Appellant Through: Mr. Ishaan Seth, Adv. (through VC)
versus
JASWINDER S.TOMAR
.....Respondent Through: None
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 13.10.2025
- The present appeal has been filed under Section 378(4) Cr.P.C. by the appellant/complainant against the judgement dated 08.06.2010 passed by learned JMFC, NI Act, THC, Mahilla Courts in the case bearing CC No. 2387/1/99 & 2388/1/99 titled as ‘SANDEEP GUPTA v. JASWINDER S. TOMAR, vide which the respondent was acquitted of the offense under Section 138 NI Act. The appellant had approached this Court vide CRL.L.P. No. 303/2010 seeking leave to appeal and the same was granted by this Court vide order dated 10.09.2013, following which the appeals were duly admitted.
Issues for consideration
3 issues framed by the court
Whether a complainant under Section 138 of NI Act qualifies as a victim entitled to appeal under proviso to Section 372 Cr.P.C instead of seeking special leave under Section 378(4) Cr.P.C.
Whether an appeal against acquittal in cheque dishonour cases should lie before the Sessions Court under Section 372 Cr.P.C. rather than the High Court under Section 378(4) Cr.P.C.
How to proceed with this appeal pending before the High Court under Section 378(4) Cr.P.C. in light of the Supreme Court's decision in Celestium Financial.
Parties & counsel
- appellant
Sandeep Gupta
- respondent
Jaswinder S. Tomar
Coram
Manoj Kumar Ohri
Case details
As recorded by the court registry
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