Mahinder Singh Vs Ashok Kumar Rana — Cheque Dishonour | Punjab & Haryana HC (2025)

Mahinder Singh Vs Ashok Kumar Rana — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application remanded to the learned Sessions Judge, Panipat with direction to treat it as an appeal filed under Section 372 of the Cr.P.C.; Registry directed to transmit the order along with copy of the complete paper-book and return the trial Court record, if received, to the learned Sessions Judge concerned; pending applications, if any, stand disposed of.

Issue for consideration

Whether an appeal against an order of acquittal passed in a complaint case under Section 138 of the NI Act can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant.

Court's answer

Adopting a pragmatic and justice-oriented approach, and guided by the principle that procedural rules must serve and not obstruct the course of justice, this Court deemed it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C.

Ratio / Principle

In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Panipat with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C.; the learned Sessions Judge may retain the said appeal on his/her Board or assign it to some other Court of competent jurisdiction.

Detailed headnote1 paragraphs

CRA-AS-58-2018 (O&M) — Mahinder Singh v. Ashok Kumar Rana — High Court of Punjab & Haryana at Chandigarh (Aaradhna Sawhney, J.), decision dated 28.10.2025 — Application for leave to appeal against judgment of acquittal dated 15.03.2014 passed by the learned Judicial Magistrate Ist Class, Panipat, stemming from a complaint dated 07.04.2011 under Section 138 of the Negotiable Instruments Act, 1881 — Limited question: whether an appeal against acquittal in a Section 138 NI Act complaint case can be entertained under the proviso to Section 372 Cr.P.C. at the instance of the complainant — Held, relying on M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 : 2025(3) RCR (Criminal) 208, wherein the Supreme Court held that a Section 138 complainant qualifies as a 'victim' under Section 2(wa) Cr.P.C. and is entitled to appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4) Cr.P.C. — Present appeal directed to be treated as authoritatively instituted under the proviso to Section 372 Cr.P.C.; application remanded to the learned Sessions Judge, Panipat to be dealt with as an appeal under Section 372 Cr.P.C., who may retain it on his/her Board or assign it to another Court of competent jurisdiction — Registry to transmit order with complete paper-book and return trial Court record — Disposed of, pending applications also disposed of.

CRA-AS-58-2018 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

255

CRA-AS-58-2018 (O&M) Date of decision: 28.10.2025

Mahinder Singh ...Appellant

Versus

Ashok Kumar Rana

...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present : Mr. Rajesh Bansal, Advocate for the appellant.

AARADHNA SAWHNEY, J.(ORAL)

The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal dated 15.03.2014 passed by the learned Judicial Magistrate Ist Class, Panipat, in a case stemming from complaint dated 07.04.2011 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’)

2. The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal passed in a complaint case under Section 138 of the NI Act can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant?

3. The issue is no longer res integra. In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208’ , the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under Section 138 of the NI Act, qualifies as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person who suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the Cr.P.C., without the requirement of seeking special leave under Section 378(4) of the Cr.P.C.

4. Adopting a pragmatic and justice oriented approach and guided

by the principle that procedural rule must serve and not obstruct the course

HAMANT 2025.10.29 19:40 I attest to the accuracy and integrity of this document

CRA-AS-58-2018 (O&M)

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of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C.

5. Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra) , the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Panipat with a direction to treat the same as appeal filed under Section 372 of the Cr.P.C. Learned Sessions Judge may retain the said appeal on his/her Board or assign it to some other Court of competent jurisdiction.

6. The Registry is directed to transmit this order along with copy of the complete paper-book and return the trial Court record, if received, to the learned Sessions Judge, concerned.

7. Disposed of accordingly.

8. Pending application, if any, also stands disposed of.

	(AARADHN JU	A SAWHNEY) DGE
28.10.2025
Hemant
	Whether speaking/reasoned : Yes	/ No
	Whether reportable : Yes	/ No

HAMANT 2025.10.29 19:40 I attest to the accuracy and integrity of this document