Harjit Singh Vs Joginder Singh and Anr. — Cheque Dishonour | Punjab & Haryana HC (2025)

Harjit Singh Vs Joginder Singh and Anr. — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with direction that the appeal be treated as instituted under the proviso to Section 372 Cr.P.C., assigned by the learned Sessions Judge to an appropriate Court for disposal on merits, to be decided expeditiously without impediment from delay in filing; Registry directed to transmit the order with the complete paper-book and return the Trial Court record to the learned Sessions Judge.

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

Proceeding on the authoritative pronouncement in M/s Celestium Financial, this Court treats a complainant in a Section 138 NI Act prosecution as a 'victim' under Section 2(wa) Cr.P.C. entitled to appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4) Cr.P.C.

Ratio / Principle

The present appeal is directed to be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C.

Key takeaways

The learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign it to an appropriate Court for disposal on merits in accordance with law.ratio¶20
The concerned Appellate Court shall decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position clarified by the Hon'ble Apex Court.ratio¶21

Detailed headnote1 paragraphs

Negotiable Instruments Act, 1881 — Section 138 complaint — acquittal — maintainability of complainant's appeal under proviso to Section 372 Cr.P.C. Held, following the Hon'ble Supreme Court in M/s Celestium Financial Vs. A. Gnanasekaran, 2025 INSC 804 : 2025(3) RCR (Criminal) 208, that a complainant in a prosecution under Section 138 NI Act qualifies as a 'victim' under Section 2(wa) Cr.P.C., being the person who suffers financial loss due to dishonour of a cheque, and is entitled to pursue an appeal against acquittal under the proviso to Section 372 Cr.P.C. without seeking special leave under Section 378(4) Cr.P.C. Application for leave to appeal disposed of with a direction that the appeal be treated as authoritatively instituted under the proviso to Section 372 Cr.P.C.; the learned Sessions Judge to assign it to an appropriate Court for disposal on merits; the Appellate Court to decide the appeal expeditiously without being impeded by any delay in filing. Reliance also placed on CRM-A-1320-MA-2016, 'Rajat Deep Vs. Prince', decided 21.07.2025.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

278

CRM-A-143-2023 Date of decision: 29.07.2025

Harjit Singh

.....Applicant/Appellant

Versus

Joginder Singh and another .....Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present : Mr. Vikas Singh, Advocate for the applicant/appellant.

MANJARI NEHRU KAUL, J.

The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'NI Act'), whereby the complaint filed by the applicant was dismissed and the accused was acquitted.

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?

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

VINAY 2025.07.30 17:00 I attest to the accuracy and authenticity of this order/judgment

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CRM-A-143-2023

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.

Adopting a pragmatic and justice oriented approach and guided by the principle that procedural rule must serve and not obstruct the course 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.

In view of the authoritative pronouncement in M/s Celestium Financial's case (supra) and the view taken by this Court also in subsequent cases including in CRM-A-1320-MA-2016 titled as 'Rajat Deep Vs. Prince', disposed of on 21.07.2025 , the present application is disposed of with a direction that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign the same to an appropriate Court for disposal on merits, in accordance with law.

The concerned Appellate Court shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon'ble Apex Court.

The Registry is directed to transmit this order along with

VINAY 2025.07.30 17:00 I attest to the accuracy and authenticity of this order/judgment

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CRM-A-143-2023

copy of the complete paper-book and return the Trial Court record, if received, to the learned Sessions Judge.

8. Disposed of accordingly.

29.07.2025 Vinay		(MANJARI NEHRU KAUL) JUDGE
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

VINAY 2025.07.30 17:00 I attest to the accuracy and authenticity of this order/judgment