Sunder Singh Vs Ramesh Kumar — Cheque Dishonour | Punjab & Haryana HC (2025)

Sunder Singh Vs Ramesh Kumar — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application disposed of with directions: the appeal is to be treated as instituted under the proviso to Section 372 Cr.P.C.; the learned Sessions Judge to assign it to an appropriate Court for expeditious disposal on merits, unimpeded by delay in filing; Registry to transmit the order with the complete paper-book and return the Trial Court record, if received, 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

The Court holds the question is no longer res integra: following the Hon'ble Supreme Court's authoritative pronouncement in M/s Celestium Financial, a complainant in a Section 138 NI Act prosecution is a 'victim' 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., and this Court adopts that legal position.

Ratio / Principle

Adopting a pragmatic and justice-oriented approach, on the principle that procedural rules must serve and not obstruct justice, the Court directs that the present appeal be treated as 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 the same to an appropriate Court for disposal on merits, in accordance with law.ratio¶¶16
The concerned Appellate Court shall decide the appeal expeditiously, and any delay in filing the appeal shall not impede it, in view of the legal position now clarified by the Hon'ble Apex Court.ratio¶¶17

Detailed headnote1 paragraphs

Punjab and Haryana High Court (CRM-A-221-2020 O&M, Manjari Nehru Kaul J., decided 24.07.2025): Applicant Sunder Singh sought leave to appeal against the acquittal of accused Ramesh Kumar in his complaint case under Section 138 of the Negotiable Instruments Act, 1881. Holding the question no longer res integra, the Court relied on the Supreme Court's authoritative pronouncement in M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 : 2025(3) RCR (Criminal) 208, that a complainant in a Section 138 NI Act prosecution qualifies as a 'victim' under Section 2(wa) of the Cr.P.C. and may appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4) Cr.P.C.; and on this Court's earlier decision in Rajat Deep v. Prince, CRM-A-1320MA-2016 (21.07.2025). The application was disposed of with directions that the appeal be treated as authoritatively instituted under the proviso to Section 372 Cr.P.C., that the learned Sessions Judge assign it to an appropriate Court for disposal on merits, that it be decided expeditiously without impediment from delay in filing, and that the Registry transmit the order with the paper-book and return the Trial Court record.

274. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-221-2020 (O&M) Date of decision: 24.07.2025

Sunder Sin g h

.... Applicant

Versus

Ramesh Ku m ar

.... Respondent

CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Ram Bilas Gupta, Advoca t e, for the applicant.

MANJARI NEHRU KAUL, J. (ORAL)

The applicant has filed the pre s ent application seeking grant o f leave to ap p eal against the judgment of acq u ittal passed in a complaint cas e instituted u nder Section 138 of the Ne g otiable Instruments Act, 1881 (hereinafter referred to as, ‘NI Act’), whe r eby the complaint filed by th e applicant w a s dismissed and the accused w a s acquitted. 2. The limited question arising f or consideration in the presen t proceeding s is whether an appeal against a n order of acquittal passed in a complaint c ase under Section 138 of the N I Act can be entertained unde r the proviso to Section 372 of the Cr.P.C. at t he instance of the complainant? 3. The issue is no longer re s integra . In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208’ , the Hon'ble Supreme C o urt authoritatively held that a complainan t in a prosecution under Section 138 of the NI Act, qualifies as a

SANJEEV KUMAR 2025.07.25 15:57 I attest to the accuracy and integrity of this document

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‘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 Rajat Deep Versus Prince, CRM-A-1320MA-2016 , disposed off 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 copy

SANJEEV KUMAR 2025.07.25 15:57 I attest to the accuracy and integrity of this document

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

Disposed of accordingly.

(MANJARI NEHRU KAUL) JUDGE July 24, 2025 sanjeev Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

SANJEEV KUMAR 2025.07.25 15:57 I attest to the accuracy and integrity of this document