Sukhdev Singh Vs Daljit Kaur and Others — Cheque Dishonour | Punjab & Haryana HC (2025)

Sukhdev Singh Vs Daljit Kaur and Others — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application 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; Registry directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while informing the parties.

Issue for consideration

Whether the application preferred under Section 378(4) Cr.P.C. for leave to appeal against the acquittal should be dealt with as an appeal under the proviso to Section 372 Cr.P.C., in light of the Supreme Court's ruling that appeals by 'victims' (Section 2(wa) Cr.P.C.) against acquittal in Section 138 NI Act complaints are maintainable.

Court's answer

In view of the Supreme Court's ruling in M/s Celestium Financial (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' under Section 2(wa) Cr.P.C.), the present 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.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Aman Chaudhary, J.), CRM-A-210-MA-2018, decided 22.09.2025 — Leave to appeal against acquittal. Sukhdev Singh's application under Section 378(4) Cr.P.C. for leave to appeal against the judgment of acquittal dated 25.10.2017 passed by the learned Judicial Magistrate 1st Class, Amritsar, in a complaint under Sections 420, 467, 468, 465, 471, was disposed of in view of the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320, 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 Court directed the concerned Sessions Judge to treat the application as filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; the Registry was directed to send the complete paper-book and trial Court record forthwith and inform the parties.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

237 C RM-A-210-MA-2018 D a te of decision: 22.09.2025

SUKHDEV S I NGH

Versus DALJIT KA U R AND OTHERS

...Applicant-appellant(s)

...Respondent(s)

**CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *******

Present : M r. Amit Gupta, Advocate for th e applicant-appellant. *********

AMAN CHAUDHARY, J. (ORAL)

1. T h e present application has bee n preferred under Section 378(4 ) of the Code of C riminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking gran t of leave to appe a l against the judgment of acqui t tal dated 25.10.2017 passed by the learned Judic i al Magistrate 1^st Class, Amr i tsar, in a complaint filed u n der Sections 420, 4 67, 468, 465, 471. 2. H on’ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc. , 2025 SCC OnLine 1320 , held that an appeal is maintain a ble under the pro v iso of Section 372 Cr.P.C. (co r responding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint under Section 138 NI Act, by treati n g the complainant therein, as a ‘victim’ within the meaning u n der Section 2 (wa ) of Cr.P.C, in view of which, t h e present appeal is disposed o f by directing the c oncerned Sessions Judge, for t reating it to have been filed u n der Section 372 o f Cr.P.C. and assigning the s ame to the Court concerned deciding it.

R egistry is directed to send the c o mplete paper-book and trial C o urt record, if rece i ved, along with the said order f orthwith, while also informing the parties.

22.09.2025	(A MAN	CHAUDHARY)
ashok		JUDGE
Whether speaking/reasoned	: Y es / No
Whether reportable	: Y es / No

ASHOK KUMAR 2025.09.23 10:36 I attest to the accuracy and integrity of this document