Ujjawal v. Manoj Gupta
Case brief
What is this about?
Held that a Section 138 complainant qualified as a victim under CrPC. Directing the matter transferred to Sessions Court to hear appeal under proviso to S. 372 CrPC (S. 413 BNSS) as a matter of right without High Court leave.
What did the court decide?
Appeal transferred to Sessions Court to be considered under proviso to S. 413 BNSS (formerly S. 372 CrPC).
What the court decided
| $~42 * |
IN THE HIGH | COURT O | F DELHI AT NEW DELHI |
|---|---|---|---|
| + | CRL.A. 160/2017 UJJAWAL |
Through: |
.....Appellant Mohd. Shamikh Adv. |
| versus | |||
| 43 | MANOJ GUPTA | Through: |
.....Respondent Ms. Pooja Sarwal Adv. |
| + | CRL.A. 161/2017 UJJAWAL |
Through: |
.....Appellant Mohd. Shamikh Adv. |
| versus | |||
| 44. | MANOJ GUPTA | Through: |
.....Respondent Ms. Pooja Sarwal Adv. |
| + | CRL.A. 162/2017 UJJAWAL |
Through: |
.....Appellant Mohd. Shamikh Adv. |
| versus | |||
| MANOJ GUPTA | Through: |
.....Respondent Ms. Pooja Sarwal Adv. |
|
| 45. | |||
| + | CRL.A. 163/2017 UJJAWAL |
Through: |
.....Appellant Mohd. Shamikh Adv. |
| versus | |||
| MANOJ GUPTA | Through: |
.....Respondent Ms. Pooja Sarwal Adv. |
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 24/09/2025 at 12:45:22
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R
% 10.09.2025
- The present appeal has been filed under Section 378(4) Cr.P.C. by the appellant/complainant against the judgement dated 26.07.2016 passed by JMFC, NI Act, KKD Court in the case bearing CC No. 207/16, 41/16, 43/16, 42/16, 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. 560/2016, 559/2016, 561/2016, 557/2016 seeking leave to appeal and the same was granted by this Court vide order dated 10.02.2017, following which the appeals were duly admitted.
Issues for consideration
3 issues framed by the court
Whether a complainant under Section 138 of the Negotiable Instruments Act, having suffered financial loss, qualifies as a victim under Section 2(wa) Cr.P.C.
Whether such a complainant can file an appeal against an order of acquittal under the proviso to Section 372 Cr.P.C. as a matter of right instead of seeking leave under Section 378(4) Cr.P.C. (A.K.A.
Whether an appeal filed under Section 378(4) Cr.P.C. by a Section 138 complainant should be treated as an appeal under the proviso to Section 372 Cr.P.C. and transferred to the Sessions Court.
Parties & counsel
- appellant
Ujjawal
- respondent
Manoj Gupta
Coram
Manoj Kumar Ohri
Case details
As recorded by the court registry
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