Asha Sharma Vs Shyam Sunder Sharma — Cheque Dishonour | Punjab & Haryana HC (2025)

Asha Sharma Vs Shyam Sunder Sharma — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application for leave to appeal remanded to the learned Sessions Judge, Yamuna Nagar at Jagadhri, to be treated as an appeal under Section 372 of the Cr.P.C. (retained on his/her Board or assigned to another competent Court); Registry directed to transmit the order with the complete paper-book and return the trial Court record, if received, to the learned Sessions Judge concerned; pending applications, if any, 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, guided by the principle that procedural rules must serve and not obstruct the course of justice, the Court directed that the present appeal be treated as one instituted under the proviso to Section 372 of the Cr.P.C.

Ratio / Principle

In view of the Apex Court's judgment in Celestium Financial (supra), the application seeking leave to appeal was remanded back to the learned Sessions Judge, Yamuna Nagar at Jagadhri, with a direction to treat it as an appeal filed under Section 372 of the Cr.P.C.; the learned Sessions Judge may retain it on his/her Board or assign it to some other Court of competent jurisdiction.

Detailed headnote1 paragraphs

CRM-A-1230-MA-2018 (O&M) — Leave to appeal against judgment of acquittal dated 04.12.2017 passed by Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, arising from a complaint dated 30.11.2015 under Section 138 NI Act. Question considered: whether a complainant's appeal against acquittal in a Section 138 NI Act case is entertainable under the proviso to Section 372 Cr.P.C. Following the Supreme Court's ruling in M/s Celestium Financial Vs. A. Gnanasekaran, 2025 INSC 804 : 2025(3) RCR (Criminal) 208 (complainant as 'victim' under Section 2(wa) Cr.P.C.; no special leave under Section 378(4) required), the Court directed that the appeal be treated as instituted under the proviso to Section 372 Cr.P.C. and remanded the leave application to the learned Sessions Judge, Yamuna Nagar at Jagadhri, who may retain it or assign it to another competent Court; Registry to transmit order and paper-book; disposed of accordingly.

CRM-A-1230-MA-2018 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

244

CRM-A-1230-MA-2018 (O&M) Date of decision: 17.11.2025

Asha Sharma

...Appellant

Versus

Shyam Sunder Sharma ...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present : Mr. Arun Sharma, 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 04.12.2017 passed by the learned Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, in a case stemming from complaint dated 30.11.2015 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 2025.11.19 15:34 I attest to the accuracy and integrity of this document

CRM-A-1230-MA-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, Yamuna Nagar at Jagadhri 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
17.11.2025
Hemant
	Whether speaking/reasoned : Yes	/ No
	Whether reportable : Yes	/ No

HAMANT 2025.11.19 15:34 I attest to the accuracy and integrity of this document