Onkar Nath Vs Bikramjeet Singh and Ors. — Cheque Dishonour | Punjab & Haryana HC (2025)

Onkar Nath Vs Bikramjeet Singh and Ors. — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application/appeal disposed of by directing the concerned Sessions Judge to treat it as filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; Registry further 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 for leave to appeal against the acquittal, preferred under Section 378(4) Cr.P.C., should be dealt with as an appeal under Section 372 Cr.P.C. in view of the Supreme Court's ruling in M/s Celestium Financial treating the complainant as a 'victim'.

Court's answer

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

Criminal Misc. Appeal (CRM-A-269-2023 O&M) — Onkar Nath (applicant-appellant) v. Bikramjeet Singh and Others — decided orally on 10.09.2025 by Aman Chaudhary, J. The applicant had sought leave under Section 378(4) Cr.P.C. to appeal against his acquittal dated 29.10.2022 by the Sub Divisional Judicial Magistrate, Mukeria in a complaint under Sections 447, 417, 426, 427, 506 and 34 IPC. Relying on the Supreme Court's ruling in M/s Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine 1320 — that an appeal lies under the proviso of Section 372 Cr.P.C. (corresponding Section 413 BNSS 2023) against acquittal in a complaint case, the complainant being a 'victim' under 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 assign it to the Court concerned for decision; the Registry was directed to forward the paper-book and trial Court record with the order and inform the parties. No adjudication on merits; acquittal not disturbed at this stage.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

230

CRM-A-269-2023 (O&M) Date of decision: 10.09.2025

Onkar Nath

....applicant-appellant

Versus

Bikramjeet Singh and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present : Mr. Rohit Sapehiya, Advocate for Mr. R.S. Chauhan, Advocate for the applicant-appellant

Mr. Satbir Rathore and Ms. Jyotika Behl, Advocates for the respondents

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 29.10.2022 passed by the learned Sub Divisional Judicial Magistrate, Mukeria in a complaint filed under Sections 447, 417, 426, 427, 506 and 34 IPC.

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.

10.09.2025	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes /	No
Whether reportable	: Yes /	No

MOHIT 2025.09.10 17:24 I attest to the accuracy and integrity of this document