Leela Wati Vs State of the NCT of Delhi & Anr. — Cheque Dishonour | Delhi HC (2025)

Leela Wati Vs State of the NCT of Delhi & Anr. — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition to be treated as an Appeal under the proviso to Section 372, Cr.P.C and numbered accordingly; any pending Application for Condonation of Delay to be transferred along with the entire record to be considered by the learned ASJ in accordance with law; entire record of the case including the requisitioned copy of TCR to be transferred to the Learned Principal District & Sessions Judge, New Delhi District, Patiala House Courts, for marking to the concerned Appellate Court/learned ASJ on 22.08.2025; parties directed to appear before the concerned learned Principal District & Sessions Judge on 22.08.2025.

Issue for consideration

Whether the Criminal Leave Petition under Section 378(4), Code of Criminal Procedure, 1973, against the acquittal of the Respondent in a complaint under Section 138, N.I. Act, should be treated as an Appeal under the proviso to Section 372, Cr.P.C.

Court's answer

In view of the Judgment of Celestium Financial vs. A. Gnanasekaran, 2025 SCC OnLine SC 1320, and the Order of this Court in Crl.L.P.215/2021 dated 23.07.2025, the Criminal Leave Petition is disposed of with direction that it be treated as an Appeal under the proviso to Section 372, Cr.P.C, and numbered accordingly.

Key takeaways

There are no observations on the merits of the case; all rights and contentions of the parties are left open to be agitated before the Court concerned.obiter¶19

Detailed headnote1 paragraphs

High Court of Delhi (Neena Bansal Krishna, J.) — Criminal Leave Petition CRL.L.P. 157/2025 (with CRL.M.A. 7083/2025) under Section 378(4), Code of Criminal Procedure, 1973, filed by the Petitioner against the judgment dated 10.12.2024 of the learned MM, NI Act, Digital Couirt-03 [sic], New Delhi District, Patiala House Courts, New Delhi, in Complaint Case No.6393/2021, whereby the Respondent stood acquitted in the complaint under Section 138 of the N.I. Act. In view of the Judgment of Celestium Financial vs. A. Gnanasekaran, 2025 SCC OnLine SC 1320, and the Order of this Court in Crl.L.P.215/2021 dated 23.07.2025, the petition was disposed of with direction that it be treated as an Appeal under the proviso to Section 372, Cr.P.C and numbered accordingly. Any pending delay-condonation application is to be transferred with the record for consideration by the learned ASJ; the entire record including the requisitioned TCR is to be sent to the Principal District & Sessions Judge, New Delhi District, Patiala House Courts, for marking to the concerned Appellate Court/ASJ on 22.08.2025, when the parties are to appear. Expressly clarified that there are no observations on the merits and all rights and contentions remain open.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.L.P. 157/2025, CRL.M.A. 7083/2025

LEELA WATI

.....Petitioner

Through: Mr. Jitender and Mr. Nagmani, Advocates.

versus

STATE OF THE NCT OF DELHI & ANR.

.....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with SI Vinod Kumar P.s. Kishangarh.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 01.08.2025 1. The present Criminal Leave Petition under Section 378(4) of the Code of Criminal Procedure, 1973, has been filed on behalf of the Petitioner, against the impugned Judgment dated 10.12.2024 of learned MM, NI Act, Digital Couirt-03, New Delhi District, Patiala House Courts, New Delhi in Complaint Case No.6393/2021 vide which the Respondent has been acquitted in the Complaint under Section 138 of N.I. Act.

In view of the Judgment of Celestium Financial vs. A. Gnanasekaran, 2025 SCC OnLine SC 1320 and Order of this Court in Crl.L.P.215/2021 dated 23.07.2025, the present matter is disposed of with direction that the present Petition be treated as an Appeal under the proviso to Section 372 of the Cr.P.C and numbered accordingly.

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 05/08/2025 at 12:04:40

In case there is Application pending for Condonation of Delay, the same be also transferred along with the entire record to be considered by the learned ASJ in accordance with law.

The Registry is directed to transfer entire record of the case including the requisitioned copy of TCR, to the Learned Principal District & Sessions Judge, New Delhi District, Patiala House Courts, New Delhi for marking it to the concerned Appellate Court/ learned ASJ, on 22.08.2025.

The parties are directed to appear before the concerned learned Principal District & Sessions Judge on 22.08.2025.

It is hereby, clarified that there are no observations as to the merits of the case. All rights and contentions of the parties are left open to be agitated before the Court concerned.

In view of the above, the present Appeal is disposed of along with the pending Application(s), if any.

NEENA BANSAL KRISHNA, J

AUGUST 1, 2025/va

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 05/08/2025 at 12:04:40