The court held that complainants in Section 138 NI Act cases are victims under CrPC. Leave petitions challenging acquittal are treated as appeals under the proviso to Section 372 CrPC and transferred to the Session Court.
Leave petitions to be treated as appeals under proviso to Section 372 CrPC; records transferred to Sessions Court.
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$~13 to 15
| + | CRL.L.P. 777/20 DEEPAK BHAR |
18 DWAJ |
.....Petitioner | |
|---|---|---|---|---|
| Through: | Mr. Ved Pal Siddharth Advocates. |
Rana and Mr. Shankar, |
||
| versus | ||||
| RK SHARMA | Through: | .. None. |
...Respondent | |
| + | CRL.L.P. 778/20 DEEPAK BHAR |
18 DWAJ |
.....Petitioner | |
| Through: | Mr. Ved Pal Siddharth Advocates. |
Rana and Mr. Shankar, |
||
| versus | ||||
| RK SHARMA | Through: | .. None. |
...Respondent | |
| + | CRL.L.P. 779/20 M/S DELHI AP |
18 ARTMENTS |
PVT. LTD. | .....Petitioner |
| Through: | Mr. Ved Pal Siddharth Advocates. |
Rana and Mr. Shankar, |
||
| versus | ||||
| RK SHARMA | Through: | . None. |
....Respondent |
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 23.07.2025
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 02/08/2025 at 13:01:02
separate judgements dated 16.08.2018, passed by the learned Metropolitan Magistrate (‘ MM ’), South West District, Dwarka Courts, whereby the respondent was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (‘ NI Act ’) in CC Nos. 4993603/2016, 4993602/2016 and 4994789/2016.
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 02/08/2025 at 13:01:02
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 petitions are allowed to continue before this Court, the parties will stand to lose a forum of challenge.
AMIT MAHAJAN, J
JULY 23, 2025 DU
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 02/08/2025 at 13:01:02
3 issues framed by the court
Whether a complainant acquitted under Section 138 of the NI Act qualifies as a victim entitled to appeal under Section 372 CrPC without leave.
Whether leave petitions filed under Section 378 CrPC against acquittal under Section 138 NI Act should be treated as appeals under the proviso to Section 372 CrPC.
Whether leave petitions challenging acquittal should be transferred to the Session Court for processing as appeals.
Colour shows how this judgement treated each authority
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As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
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