Anil Kumar Vs Mahboob Masia — Cheque Dishonour | Punjab & Haryana HC (2025)

Anil Kumar Vs Mahboob Masia — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of: the concerned Sessions Judge to treat the application as having been filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; Registry to send the complete paper-book and trial Court record (if received) with the order, informing the parties.

Issue for consideration

Whether the applicant's challenge to the acquittal can proceed as an appeal, and in what manner (application for leave under Section 378(4) Cr.P.C. versus appeal under the proviso to Section 372 Cr.P.C.).

Court's answer

Acting on the Supreme Court's ruling in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 (appeal maintainable under the proviso to Section 372 Cr.P.C., corresponding Section 413 BNSS 2023, against acquittal in a Section 138 NI Act complaint, the complainant being a 'victim'), the present appeal/application is disposed of by directing the concerned Sessions Judge to treat it as having been filed under Section 372 Cr.P.C. and to assign it to the Court concerned for decision.

Ratio / Principle

The Court adopted the Celestium position on maintainability as the basis for routing the matter: an appeal lies under the proviso to Section 372 Cr.P.C. against an order of acquittal in a Section 138 NI Act complaint, the complainant being treated as a 'victim'.

Key takeaways

Registry directed to send the complete paper-book and trial Court record, if received, along with the order forthwith, informing the parties.ratio¶19

Detailed headnote1 paragraphs

Criminal appeal/leave stage - acquittal in Section 138 NI Act complaint - maintainability routed through proviso to Section 372 Cr.P.C. Applicant sought leave to appeal under Section 378(4) Cr.P.C. against the judgment of acquittal dated 16.05.2018 passed by the Judicial Magistrate 1st Class, Chandigarh. Relying on M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 (Supreme Court holding that an appeal is maintainable under the proviso to Section 372 Cr.P.C., corresponding Section 413 BNSS 2023, against acquittal in a Section 138 NI Act complaint, the complainant being a 'victim' under Section 2(wa) Cr.P.C.), the High Court disposed of the appeal by directing the concerned Sessions Judge to treat it as filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; Registry to forward the paper-book and trial Court record.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

239

CRM-A-1544-MA-2018 (O&M) Date of decision: 22.09.2025

Anil Kumar

....applicant-appellant

Versus

Mahboob Masia

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present : Mr. Vipul Sharma, Advocate for

Mr. Paras Money Goyal, Advocate for the applicant-appellant

Mr. Randeep Singh, Advocate for

Mr. Vikram Singh, Advocate for the respondent

AMAN CHAUDHARY, J. (ORAL)

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 16.05.2018 passed by the learned Judicial Magistrate 1 st Class, Chandigarh in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

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.

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.

22.09.2025	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes /	No
Whether reportable	: Yes /	No

MOHIT 2025.09.22 18:17 I attest to the accuracy and integrity of this document