Steel Authority of India Limited Vs Mr. S.M. Lata & Ors. — Cheque Dishonour | Delhi HC (2025)

Steel Authority of India Limited Vs Mr. S.M. Lata & Ors. — Cheque Dishonour | Delhi HC (2025)

What the court decided

AI extract

Outcome

Criminal Leave Petition disposed of with direction that it be treated as an Appeal under the proviso to Section 372 Cr.P.C and numbered accordingly; entire record (with TCR) to be transferred to the Principal District & Sessions Judge, Patiala House Courts, for the concerned ASJ, and parties to appear on 20.08.2025; pending application(s), if any, disposed along with.

Issue for consideration

Whether the Criminal Leave Petition under Section 378(4) CrPC, 1973 challenging the acquittal of the Respondents in the Section 138 N.I. Act complaint should be treated as an Appeal under the proviso to Section 372 CrPC and dealt with accordingly.

Court's answer

In view of the judgment in Celestium Financial vs. A. Gnanasekaran (2025 SCC OnLine SC 1320) and this Court's order in CRL.L.P.215/2021 dated 23.07.2025, the present 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.

Ratio / Principle

If any Application for Condonation of Delay is pending, it is to be transferred along with the entire record to be considered by the learned ASJ in accordance with law.

Key takeaways

The Registry is directed to transfer the entire record of the case, including the requisitioned copy of the TCR, to the Learned Principal District & Sessions Judge, Patiala House Courts, New Delhi for marking it to the concerned Appellate Court/learned ASJ on 20.08.2025.ratio¶¶15
The parties are directed to appear before the concerned learned Principal District & Sessions Judge on 20.08.2025.ratio¶¶16
No observations are made on the merits of the case; all rights and contentions of the parties remain open to be agitated before the Court concerned.

Detailed headnote1 paragraphs

Criminal Law – Leave to Appeal under S.378(4) CrPC, 1973 – Acquittal under S.138 NI Act – Conversion of Leave Petition into Appeal under proviso to S.372 CrPC. Steel Authority of India Limited (complainant) sought leave under Section 378(4) of the Code of Criminal Procedure, 1973 to challenge the judgment dated 26.08.2019 of the learned MM, Patiala House Courts, New Delhi (Complaint Case No. 182/2016) acquitting the respondents in a complaint under Section 138 of the N.I. Act. In view of Celestium Financial vs. A. Gnanasekaran, 2025 SCC OnLine SC 1320, and the Court's earlier order in CRL.L.P.215/2021 dated 23.07.2025, the Delhi High Court (Neena Bansal Krishna, J.) disposed of the matter, directing that the petition be treated as an Appeal under the proviso to Section 372 Cr.P.C and numbered accordingly. Any pending condonation-of-delay application and the entire record, including the requisitioned TCR, were directed to be transferred to the Principal District & Sessions Judge, Patiala House Courts, for the concerned ASJ, parties to appear on 20.08.2025. Expressly, no observations were made on the merits and all rights/contentions were left open. (Decision dated 06.08.2025.)

$~22

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.L.P. 714/2019 & CRL.M.A. 42963/2019

STEEL AUTHORITY OF INDIA LIMITED .....Petitioner Through: Mr. H.S. Phoolka, Sr. Advocate with Mr. Alakh Kumar, Advocate

versus

MR. S.M. LATA & ORS. .....Respondents Through: Mr. Rishabh Singhle, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R

% 06.08.2025

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 26.08.2019 of learned MM, Patiala House Courts, New Delhi in Complaint Case No. 182/2016 vide which the Respondents have been 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 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 Cr.P.C and numbered accordingly.

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.

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 08/08/2025 at 15:16:46

The Registry is directed to transfer entire record of the case including the requisitioned copy of TCR, to the Learned Principal District & Sessions Judge, Patiala House Courts, New Delhi for marking it to the concerned Appellate Court/ learned ASJ, on 20.08.2025.

The parties are directed to appear before the concerned learned Principal District & Sessions Judge on 20.08.2025.

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 6, 2025 N

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 08/08/2025 at 15:16:46