Ikramuddin Vs M/S Classic Construction Co. — Cheque Dishonour | Delhi HC (2025)

Ikramuddin Vs M/S Classic Construction Co. — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of along with pending applications, with direction that it be treated as an appeal under the proviso to Section 372 CrPC and numbered accordingly; Registry directed to transfer the entire record to the concerned Appellate Court of Sessions; order to be communicated to the Principal District & Sessions Judge; parties directed to appear before the concerned Appellate Court on 27.08.2025; Sessions Court requested to dispose of the matter expeditiously.

Issue for consideration

Whether the petitioner, being the complainant (and therefore a victim) in a complaint under Section 138 NI Act, is entitled to file/maintain an appeal against the judgment of acquittal without being required to seek leave to appeal under Section 378(4) CrPC. +1 more

Court's answer

The petitioner, having been the complainant in the complaint preferred under Section 138 of the NI Act, is entitled to maintain an appeal under Section 372 of the CrPC against the judgment of acquittal (following Celestium Financial v. A. Gnanasekaran, i.e., without needing leave to appeal under Section 378(4)).

Ratio / Principle

An appeal by a victim against a judgment of acquittal passed by the learned MM must be heard by the learned Court of Sessions; if the petition were allowed to continue before this Court, the parties would lose a forum of challenge, hence the petition is to be treated as an appeal under the proviso to Section 372 CrPC.

Detailed headnote1 paragraphs

Criminal Leave Petition (CRL.L.P. 169/2022), High Court of Delhi, decided 15.07.2025 by Amit Mahajan, J. Petition filed under Section 378 CrPC against the judgment dated 24.12.2019 of the Metropolitan Magistrate, Patiala House Courts, acquitting the respondent (M/s Classic Construction Co.) of the offence under Section 138 NI Act in Complaint Case No.36582/2016. Relying on Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320 — wherein the Apex Court held that a complainant under Section 138 NI Act suffers economic loss and qualifies as a 'victim' under Section 2(wa) CrPC, and is enabled by the proviso to Section 372 CrPC to appeal against an acquittal without seeking leave under Section 378(4) CrPC — this Court held that the petitioner-complainant is entitled to maintain an appeal under Section 372 CrPC, and that such a victim's appeal against an MM's acquittal must be heard by the Court of Sessions, failing which a forum of challenge would be lost. The petition was disposed of with directions that it be treated and numbered as an appeal under the proviso to Section 372 CrPC, that the Registry transfer the entire record to the concerned Appellate Court of Sessions, that the parties appear thereon on 27.08.2025, and, given pendency since 2022, that the Sessions Court dispose of the matter expeditiously.

$~80

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.L.P. 169/2022 & CRL.M.A. 8513/2022, CRL.M.A. 8482/2022 IKRAMUDDIN .....Petitioner Through: Mr. Pankaj Kumar, Adv. through V.C.

versus

M/S CLASSIC CONSTRUCTION CO. .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R

% 15.07.2025

The present petition is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘ CrPC ’) against the judgement dated 24.12.2019, passed by the learned Metropolitan Magistrate (‘ MM ’), New Delhi District, Patiala House Court, New Delhi, whereby the respondent was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘ NI Act ’) in Complaint Case No.36582/2016.

At the outset, the learned counsel for the petitioner states 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 petition be transferred to the learned Court of Sessions to be treated as an appeal.

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 dishonour of cheque, and such a complainant qualifies as a victim within the meaning of Section 2(wa) of the CrPC.

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 04/08/2025 at 12:19:24

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.

The petitioner was the complainant in the complaint preferred under Section 138 of the NI Act, thus is entitled to maintain an appeal under Section 372 of the CrPC against the judgment of acquittal. 5. In terms of provision 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 petition is allowed to continue before this Court, the parties will lose a forum of challenge.

In view of the above, the present matter is disposed of, along with the pending applications, with direction that the present petition be treated as an appeal under proviso to Section 372 of the CrPC and numbered accordingly. 7. The Registry is directed to transfer entire record of the case to the concerned Appellate Court of Sessions. 8. The order be communicated to the learned Principal District & Sessions Judge for compliance and listing before the concerned Appellate Court on 27.08.2025. 9. The parties are directed to appear before the concerned Appellate Court on 27.08.2025. 10. Considering that the matter has been pending before this Court since the year 2022, the learned Sessions Court is requested to dispose of the matter expeditiously.

AMIT MAHAJAN, J

JULY 15, 2025 “SK”

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 04/08/2025 at 12:19:24