Dismissed

Smt. Harjeet Kaur Chowdhary v. M/S Dashmesh Arts (India) Ltd. & Ors.

Delhi HC21 Jul 2025CRL.L.P./552/2018

Case brief

AI extract

What is this about?

The Delhi High Court, relying on Celestium Financial, treated a leave to appeal petition as an appeal under Section 372 CrPC, allowing the complainant to regain the right of appeal against acquittal in a Section 138 NI Act case. The record was directed to be transferred to the Sessions Court for expedited disposal.

What did the court decide?

Petition treated as appeal under proviso to Section 372 CrPC; case record transferred to Court of Sessions with directions for expedited disposal.

Smt. Harjeet Kaur Chowdhary Vs M/S Dashmesh Arts (India) Ltd… — Cheque Dishonour | Delhi HC (2025)

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.L.P. 552/2018 SMT. HARJEET KAUR CHOWDHARY .....Petitioner Through: Mr. Gurbaksh Singh, Advocate.

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versus

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M/S DASHMESH ARTS (INDIA) LTD. & ORS. .....Respondents Through: Mr. Naresh Kumar Bansal and Ms. Kritika Bansal, Advocates (through VC).

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

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% 21.07.2025

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The present leave to appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘ CrPC ’) against the judgment dated 11.07.2018, passed by the learned Metropolitan Magistrate (‘ MM’ ), South East District, Saket Courts, New Delhi whereby the respondents were acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘ NI Act ’) in CC No. 39/2016.

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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.

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The Hon’ble Apex Court in the recent decision in

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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 14/08/2025 at 11:52:14

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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 complaint preferred under Section 138 of the NI Act, and is thus entitled to maintain an appeal under Section 372 of the CrPC. 5. 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 petition is allowed to continue before this Court, the parties will stand to lose a forum of challenge. 6. In view of the above, 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 CrPC and numbered accordingly.

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The Registry is directed to transfer entire record of the case, including the requisitioned copy of TCR, to the concerned appellate Court of Sessions. 8. The order be communicated to the concerned Principal District & Sessions Judge for compliance and listing before the concerned Appellate Court on 02.09.2025. 9. The parties are directed to appear before the concerned Appellate Court on 02.09.2025.

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Considering that the matter has been pending before this

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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 14/08/2025 at 11:52:14

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Court since the year 2018, the learned Sessions Court is requested to dispose of the matter expeditiously.

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AMIT MAHAJAN, J

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JULY 21, 2025 DU

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Smt. Harjeet Kaur Chowdhary v. M/S Dashmesh Arts (India) Ltd. & Ors.

Case brief

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Smt. Harjeet Kaur Chowdhary v. M/S Dashmesh Arts (India) Ltd. & Ors.

Case brief

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