Ramesh Kumar Vs Naveen Aggarwal and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

Ramesh Kumar Vs Naveen Aggarwal and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in the terms mentioned above: matter referred to the Sessions Court for registration as an appeal under the Proviso to S. 372 CrPC / S. 413 BNSS, 2023; Registry directed to send the file, along with the Lower Court's Record if any, to the concerned Sessions Division; all pending applications stand closed.

Issue for consideration

Whether the complainant's appeal against acquittal in a Section 138 cheque-dishonour case should be dealt with as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS, 2023 (per the Supreme Court's ratio in Celestium Financial v. A. Gnanasekaran) rather than under Section 378 CrPC, warranting transfer and registration before the Sessions Court.

Court's answer

In BNSS, 2023, S. 413 is analogous to S. 372 CrPC, 1973, and therefore the ratio of Celestium Financial v. A. Gnanasekaran shall apply to this appeal.

Ratio / Principle

The complainant should not bear the burden of filing an appeal afresh before the Sessions Court; in the interest of equity, justice and fair play the matter is referred to the Sessions Court to be registered as an appeal under the Proviso to S. 372 CrPC / S. 413 BNSS, 2023, and any objection whether it falls under the CrPC or the BNSS is resolved in favour of registration under the Proviso to S. 413 BNSS, 2023, because the CrPC, 1973 has been repealed.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Anoop Chitkara J.), CRA-AS-339-2024, decided 21.11.2025 (speaking; not reportable): The applicant-complainant, aggrieved by the trial court's judgment dated 28.11.2018 dismissing his complaint on merits and acquitting the accused/respondents, sought transfer of his appeal to the first Appellate Court in view of the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208 (decided 08.04.2025), quoted in the order: a complainant alleging an offence under Section 138 of the Act is a victim owing to dishonour of a cheque and may proceed under the proviso to Section 372 CrPC without electing Section 378 CrPC; the victim's right to appeal cannot be shackled by the statutory rigours applicable to State/complainant appeals; and even a complainant-victim may proceed under the proviso to Section 372 instead of Section 378(4) CrPC. Holding that Section 413 BNSS, 2023 is analogous to Section 372 CrPC, 1973 so that the said ratio applies, and that the complainant should not face the burden of filing an appeal afresh, the Court referred the matter to the Sessions Court for registration as an appeal under the Proviso to S. 372 CrPC / S. 413 BNSS, 2023, resolving any objection between the two codes in favour of the Proviso to S. 413 BNSS, 2023 (the CrPC, 1973 having been repealed); the Registry was directed to send the file with the Lower Court's Record to the concerned Sessions Division, and the appeal was disposed of with pending applications closed.