Kusum Gupta v. State Bank of Patiala Karamchari Coop & Ors.
Negotiable Instruments Act, 1881 – Appeal against acquittal by complainant
Case brief
What is this about?
Kusum Gupta v. State Bank of Patiala Karamchari Coop. and others, CRM-A-1297-MA-2017 (O&M), High Court of Punjab and Haryana at Chandigarh, decided 07.07.2025 by Sumeet Goel, J. (Oral). Complainant's appeal against acquittal dated 16.03.2017 by Judicial Magistrate Ist Class, Chandigarh in a Section 138 NI Act case, filed with a special-leave application under Section 378(4) Cr.P.C., 1973. Relying on M/s Celestium Financial (2025 INSC 804 : 2025(3) RCR (Criminal) 208) and Raj Kumar vs. Rajender (2025:PHHC:079740), the Court held the complainant to be a 'victim' entitled to invoke proviso to Section 372 Cr.P.C./413 BNSS instead of Section 378(4)/419(4), and remitted the appeal and applications to the learned Sessions Judge, Chandigarh for disposal as an appeal under Section 372/Section 413; merits left open; records to be transmitted by the Registry.
What did the court decide?
Appeal and accompanying application(s) disposed of by remitting them to the learned Sessions Judge, Chandigarh, to be treated as filed under Section 372 Cr.P.C., 1973/Section 413 BNSS, 2023; Registry directed to transmit complete records expeditiously; merits left open to the Sessions Court.