Jaswinder Singh v. Deepak Ahuja
Case brief
What is this about?
Section 138 NI Act cheque-dishonour complaint (cheque Rs.5,00,000/-); acquittal by JMFC Karnal (29.07.2019) challenged by complainant's appeal under S.378(4) CrPC; relying on Supreme Court's Celestium Financial v. A. Gnanasekaran, 2025(3) RCR (Criminal) 208 (victim's unconditional right to appeal acquittal before Sessions Court under proviso to S.372 CrPC), appeal remanded to Sessions Judge, Karnal to be treated as S.372 CrPC appeal and disposed on merits; Punjab & Haryana High Court, Vinod S. Bhardwaj, J., 05.09.2025; CRA-AS-217-2023 (O&M).
What did the court decide?
Appeal remanded to the learned Sessions Judge, Karnal to be treated as an appeal under Section 372 Cr.P.C. and entrusted to the appropriate Court for disposal on merits; Registry directed to send the complete paper-book and case record to the Sessions Judge, Karnal forthwith; pending miscellaneous applications disposed of; copy of the order sent to the High Court Legal Service Committee.