Disposed¶15

Karambir v. Ankit Goyal and Anr.

Punjab & Haryana HC10 Sept 2025CRM-A/119/2024

Case brief

AI extract

What is this about?

Karambir v. Ankit Goyal and Another; CRM-A-119-2024 (O&M); Punjab & Haryana High Court; leave to appeal against acquittal; Section 378(4) Cr.P.C.; proviso to Section 372 Cr.P.C.; Section 413 BNSS 2023; Section 2(wa) Cr.P.C. victim; Section 138 Negotiable Instruments Act 1881; M/s Celestium Financial vs. A. Gnanasekaran Etc. 2025 SCC OnLine 1320; Judicial Magistrate 1st Class Panipat; acquittal 06.11.2023; decision 10.09.2025; Justice Aman Chaudhary; disposed; Sessions Judge; complainant as victim; cheque dishonour complaint.

What did the court decide?

Application for leave to appeal disposed of; concerned Sessions Judge directed to treat it as filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; Registry directed to send the complete paper-book and trial Court record forthwith and inform the parties.

Karambir Vs Ankit Goyal and Anr. — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

¶15

Issue for consideration

How the applicant-appellant's leave application under Section 378(4) Cr.P.C. against the acquittal in the Section 138 NI Act complaint is to be dealt with, given the Supreme Court's ruling in M/s Celestium Financial that such an appeal is maintainable under the proviso to Section 372 Cr.P.C. (corresponding Section 413 BNSS 2023) with the complainant treated as a 'victim'.

¶15

Court's answer

In view of the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc. (2025 SCC OnLine 1320), the present appeal is disposed of by directing the concerned Sessions Judge to treat it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it.

¶15

Key takeaways

Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the parties.obiter¶16

Detailed headnote1 paragraphs

CRM-A-119-2024 (O&M), High Court of Punjab & Haryana (Aman Chaudhary, J., oral, 10.09.2025) — Karambir, applicant-appellant, had sought leave to appeal under Section 378(4) Cr.P.C. against the judgment of acquittal dated 06.11.2023 passed by the Judicial Magistrate 1st Class, Panipat in a complaint under Section 138 NI Act. Invoking the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 — that an appeal against acquittal in a Section 138 NI Act complaint is maintainable under the proviso to Section 372 Cr.P.C. (corresponding Section 413 BNSS 2023), the complainant being treated as a 'victim' within Section 2(wa) — the Court disposed of the appeal, directing the concerned Sessions Judge to treat it as filed under Section 372 Cr.P.C. and to assign it to the Court concerned for decision; the Registry was directed to send the paper-book and trial Court record forthwith and inform the parties.

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

231

¶3

CRM-A-119-2024 (O&M) Date of decision: 10.09.2025

¶4

Karambir

¶5

....applicant-appellant

¶6

Versus

¶7

Ankit Goyal and Another

¶8

...Respondents

¶9

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

¶10

¶11

Present : Mr. Arjun Dosanj, Advocate for the applicant-appellant

¶12

¶13

AMAN CHAUDHARY, J. (ORAL)

¶14

The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal dated 06.11.2023 passed by the learned Judicial Magistrate 1 st Class, Panipat in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

¶15

2 . Hon’ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc. , 2025 SCC OnLine 1320, held that an appeal is maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint under Section 138 NI Act, by treating the complainant therein, as a ‘victim’ within the meaning under Section 2 (wa) of Cr.P.C, in view of which, the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it.

¶16

Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwit h, while also informing the parties.

¶17

10.09.2025	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes /	No
Whether reportable	: Yes /	No

¶18

MOHIT 2025.09.10 17:24 I attest to the accuracy and integrity of this document

Karambir v. Ankit Goyal and Anr.

Case brief

What is this about?

What did the court decide?

Karambir v. Ankit Goyal and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Prince Garg Vs Om Parkash Katyal

Hardev Singh Vs Harminder Singh

Amandeep Sahota Vs State of Punjab and Others

Onkar Nath Vs Bikramjeet Singh and Ors.

Rahul Kumar Vs M/S Aares Telecom Pvt. Ltd.

Kuldeep Singh Vs State of Haryana and Ors.