Rinku Thakur Vs M/S Mak Technologies and Others — Cheque Dishonour | Punjab & Haryana HC (2025)

Rinku Thakur Vs M/S Mak Technologies and Others — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of by directing the concerned Sessions Judge to treat the application as having been filed under Section 372 Cr.P.C. and to assign it to the Court concerned for deciding; Registry further directed to send the complete paper-book and trial Court record, if received, along with the order forthwith, while informing the parties.

Issue for consideration

Whether the application for leave to appeal under Section 378(4) Cr.P.C. against the acquittal in a Section 138 NI Act complaint is maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 BNSS, 2023), the complainant being a 'victim' within Section 2(wa) Cr.P.C., and how the appeal is therefore to be routed.

Court's answer

In view of the Supreme Court's ruling in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 (appeal maintainable under the proviso of Section 372 Cr.P.C., corresponding Section 413 BNSS 2023, against acquittal in a Section 138 NI Act complaint, treating the complainant as a 'victim' under Section 2(wa) Cr.P.C.), the present appeal 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 deciding.

Ratio / Principle

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

Detailed headnote1 paragraphs

Criminal appeal (CRM-A-2286-2019 O&M), High Court of Punjab & Haryana at Chandigarh, oral order by Aman Chaudhary, J., dated 05.09.2025. The applicant had sought leave to appeal under Section 378(4) Cr.P.C. against the judgment of acquittal dated 24.01.2018 passed by the Judicial Magistrate 1st Class, Faridabad in a complaint under Section 138 of the Negotiable Instruments Act, 1881. Relying on M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320, where the Supreme Court 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 in a Section 138 NI Act complaint, treating the complainant as a 'victim' within Section 2(wa) Cr.P.C., the Court disposed of the appeal by directing the concerned Sessions Judge to treat it as filed under Section 372 Cr.P.C. and to assign it to the Court concerned for decision; the Registry was directed to forward the complete paper-book and trial Court record with the order forthwith, informing the parties.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

214

CRM-A-2286-2019 (O&M) Date of decision: 05.09.2025

Rinku Thakur

....applicant-appellant

Versus

M/S Mak Technologies And Others

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present : Mr. Amit Choudhary, Advocate for the applicant-appellant *********

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 24.01.2018 passed by the learned Judicial Magistrate 1 st Class, Faridabad 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.

05.09.2025	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes /	No
Whether reportable	: Yes /	No

MOHIT 2025.09.05 17:11 I attest to the accuracy and integrity of this document