Narender Vs State of Haryana and Another — Cheque Dishonour | Punjab & Haryana HC (2025)

Narender Vs State of Haryana and Another — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application disposed of: the appeal is to be treated as instituted under the proviso to Section 372 of the Cr.P.C.; the learned Sessions Judge concerned to assign it to an appropriate Court for disposal on merits in accordance with law; the Appellate Court to decide the appeal expeditiously without being impeded by any delay in filing; the Registry directed to transmit the order with a copy of 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 question is no longer res integra: adopting the Supreme Court's authoritative ruling in M/s Celestium Financial, a complainant in a prosecution under Section 138 of the NI Act qualifies as a 'victim' under Section 2(wa) of the Cr.P.C. and 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.

Ratio / Principle

This Court directed that the present appeal be treated as one instituted under the proviso to Section 372 of the Cr.P.C.

Key takeaways

The 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.ratio¶21
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.ratio¶22

Detailed headnote1 paragraphs

Negotiable Instruments Act, 1881 — Section 138 complaint case — acquittal of accused — maintainability of complainant's appeal — Held (Ramesh Kumari, J.): the question is no longer res integra; following the Supreme Court's authoritative ruling in M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 : 2025 (3) RCR (Criminal) 208, a complainant in a prosecution under Section 138 NI Act qualifies as a 'victim' under Section 2(wa) Cr.P.C. and is entitled to appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4) Cr.P.C.; consistent with this Court's view in Rajat Deep v. Prince, CRM-A-1320-MA-2016 (21.07.2025). Leave-to-appeal application disposed of with directions that the appeal be treated as filed under the proviso to Section 372 Cr.P.C., be assigned by the learned Sessions Judge to an appropriate Court for disposal on merits, and be decided expeditiously without impediment from delay in filing; Registry to transmit order and paper book and return trial Court record.

CRM-A-2261-2019 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

217

CRM-A-2261-2019 (O&M) Date of Decision: 20.08.2025

Narender

.....Applicant

Versus

State of Haryana and another

.....Respondents

CORAM: HON'BLE MS. JUSTICE RAMESH KUMARI

Present : Mr. Ram Pal Verma, Advocate for the applicant.

Mr. Satbir Singh Goripuria, DAG, Haryana. Mr. Narinder Pal, Advocate for Mr. Rajesh Lamba, Advocate for respondent No.2.

RAMESH KUMARI, J.(Oral)

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 complainant in a prosecution under Section 138 of the NI Act, qualifies as a ‘victim’ under Rajeev Purohit2025.08.21 10:36 Section 2(wa) of the Cr.P.C., being the person who suffers financial loss due I attest to the accuracy and integrity of this document

CRM-A-2261-2019 2

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.

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 CRM-A-1320-MA-2016 titled as Rajat Deep Versus 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 copy of the complete paper book and return the trial Court record, if received, to the learned Sessions Judge.

20.08.2025 (RAMESH KUMARI) Rajeev (rvs) JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No

Rajeev Purohit 2025.08.21 10:36 I attest to the accuracy and integrity of this document