The Ambala Central Cooperative Bank Ltd. Vs… — Cheque Dishonour | Punjab & Haryana HC (2025)

The Ambala Central Cooperative Bank Ltd. Vs… — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Applications/appeals disposed of with direction to the concerned Sessions Judge to treat them as filed under Section 372 Cr.P.C. and assign them 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 and inform the parties; photocopy of the order to be placed on the files of connected cases.

Issue for consideration

How are the complainant-banks' applications for leave to appeal under Section 378(4) Cr.P.C. against acquittals in Section 138 NI Act complaints to be dealt with, in view of the Supreme Court's ruling in Celestium Financial that such an appeal lies under the proviso to Section 372 Cr.P.C. with the complainant treated as a 'victim'.

Court's answer

In view of the Supreme Court's decision in M/s Celestium Financial (appeal maintainable under proviso to Section 372 Cr.P.C., corresponding Section 413 BNSS 2023, complainant as 'victim'), 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 decision.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Aman Chaudhary, J.), order dated 11.09.2025: Three criminal miscellaneous applications by cooperative banks (Ambala and Karnal Central Cooperative Banks) seeking leave under Section 378(4) Cr.P.C. to appeal against acquittals dated 2017-2018 recorded by Judicial Magistrates 1st Class, Ambala and Karnal in complaints under Section 138 NI Act were disposed of. Relying on Hon'ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320, which held an 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, the complainant being a 'victim' within Section 2(wa) Cr.P.C., the Court directed the concerned Sessions Judge to treat the matters as filed under Section 372 Cr.P.C. and assign them to the Court concerned; Registry to forward paper-book and trial record and inform the parties.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

231

Date of decision: 11.09.2025

(1) CRM-A-151-2019 (O&M) The Ambala Central Cooperative Bank Ltd. Vs Krishan Lal

(2) CRM-A-1653-MA-2017 The Karnal Central Cooperative Bank Ltd Vs Parmod Chauhan

(3) CRM-A-2449-MA-2018 The Ambala Central Cooperative Bank Ltd. Vs Kashmiri Lal

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

Present : Mr. Ramesh Sharma and Ms. Veena Hooda, Advocates for the applicant-appellants

AMAN CHAUDHARY, J. (ORAL)

The present applications have 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 judgments of acquittal dated 14.03.2018, 03.03.2017 and 19.03.2018 passed by the learned Judicial Magistrate 1 st Class, Ambala and Karnal in complaints 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 .

4 . A photocopy of this order be placed on the files of connected cases.

11.09.2025	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes /	No
Whether reportable	: Yes /	No

MOHIT 2025.09.11 20:07 I attest to the accuracy and integrity of this document