Disposed

Sanjeev Jain v. Akshay Kumar

Delhi HC16 Jul 2025CRL.L.P./124/2022

Case brief

AI extract

What is this about?

Leave petitions against acquittal in cheque dishonour cases were disposed of by treating them as appeals under proviso to Section 372 CrPC, following Celestium Financial, and transferred to Sessions Court for hearing.

What the court decided

AI extract

Sanjeev Jain Vs Akshay Kumar — Cheque Dishonour | Delhi HC (2025)

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$~22 & 23

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.L.P. 117/2022 & CRL.M.A. 5788/2022 SANJEEV JAIN .....Petitioner Through: Ms. Priyanka Handa, Adv. through V.C. versus AKSHAY KUMAR .....Respondent Through: + CRL.L.P. 124/2022 & CRL.M.A. 5768/2022, CRL.M.A. 5796/2022 SANJEEV JAIN .....Petitioner Through: Ms. Priyanka Handa, Adv. through V.C. versus AKSHAY KUMAR .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 16.07.2025

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CRL.L.P. 117/2022 & CRL.M.A. 5788/2022 & CRL.L.P. 124/2022 & CRL.M.A. 5768/2022, CRL.M.A. 5796/2022

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The present leaves to appeal are filed under Section 378 of the Code of Criminal Procedure, 1973 (‘ CrPC ’) against the common judgment dated 20.12.2021, passed by the learned Metropolitan Magistrate (‘ MM’ ), North District, Rohini Courts, Delhi, whereby the respondent was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘ NI Act ’) in CC No. 3842/2016 and CC No. 3843/2016.

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At the outset, the learned counsel for the petitioner states

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CRL.L.P. 117/2022 & CRL.L.P. 124/2022

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Page 1 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:25:39

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that in view of the judgment of the Hon’ble Apex Court in the case of Celestium Financial v. A. Gnanasekaran : 2025 SCC OnLine SC 1320 , the petitioner being a victim is entitled to file an appeal against the judgment of acquittal and is not required to seek leave to appeal. He submits that the present petitions be transferred to the learned Court of Sessions to be treated as appeals.

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The Hon’ble Apex Court in the recent decision in Celestium Financial v. A. Gnanasekaran ( supra ) has opined that a complainant who prefers a complaint under Section 138 of the NI Act is an aggrieved party who suffers economic loss due to the dishonour of cheque, and such a complainant qualifies as a victim within the meaning of Section 2(wa) of the CrPC. Consequently, it was held that such a complainant is entitled to the benefit of the proviso of Section 372 of the CrPC, enabling them to maintain an appeal against an order of acquittal without seeking leave to appeal under Section 378(4) of the CrPC.

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The petitioner was the complainant in the complaints preferred under Section 138 of the NI Act, and is thus entitled to maintain appeals under Section 372 of the CrPC.

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In terms of the proviso to Section 372 of the CrPC, an appeal by a victim against the judgment of acquittal passed by the learned MM will have to be heard by the learned Court of Sessions. If the petitions are allowed to continue before this Court, the parties will stand to lose a forum of challenge.

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In view of the above, the present matters are disposed of with direction that the present petitions be treated as appeals under the proviso to Section 372 of the CrPC and numbered accordingly.

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The Registry is directed to transfer entire record of the CRL.L.P. 117/2022 & CRL.L.P. 124/2022 Page 2 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 12:25:39

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cases, including the requisitioned copies of TCR, to the concerned appellate Court of Sessions.

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The order be communicated to the learned Principal District & Sessions Judge, North District, Rohini Courts, Delhi for compliance and listing before the concerned Appellate Court on 27.08.2025.

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The parties are directed to appear before the concerned Appellate Court on 27.08.2025.

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Considering that the matters have been pending before this Court since the year 2022, the learned Sessions Court is requested to dispose of the matters expeditiously.

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A copy of this order be placed in both the matters.

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AMIT MAHAJAN, J

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JULY 16, 2025 “SK”

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CRL.L.P. 117/2022 & CRL.L.P. 124/2022

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Page 3 of 3

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Sanjeev Jain v. Akshay Kumar

Case brief

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What the court decided

Sanjeev Jain v. Akshay Kumar

Case brief

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