Jagjit Singh Joura Alias Jagjit Singh Jaura Vs… — Cheque Dishonour | Punjab & Haryana HC (2025)

Jagjit Singh Joura Alias Jagjit Singh Jaura Vs… — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application disposed of: appeal to be treated as instituted under the proviso to Section 372 CrPC and assigned by the Sessions Judge to an appropriate Court for disposal on merits; appellate court to proceed expeditiously irrespective of filing delay; Registry to transmit order/paper-book and return trial-court record.

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

This Court observes that the issue of entertainability of a complainant's appeal against acquittal under Section 138 NI Act via the proviso to Section 372 CrPC is no longer res integra, having been authoritatively settled.

Ratio / Principle

Adopting a justice-oriented approach, this Court deemed 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.

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¶¶15
The concerned Appellate Court shall 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¶¶16

Detailed headnote1 paragraphs

CRM-A-311-2025 (O&M), High Court of Punjab and Haryana at Chandigarh (Justice Manjari Nehru Kaul, oral, 23.07.2025): Leave-to-appeal application by Jagjit Singh Joura @ Jagjit Singh Jaura, complainant whose Section 138 NI Act complaint against Ramesh Kumar @ Meshi ended in acquittal. Observing the question is 'no longer res integra', the Court relied on the Supreme Court's authoritative holding in M/s Celestium Financial v. A. Gnanasekaran (2025 INSC 804 : 2025(3) RCR (Criminal) 208) — that a complainant in a Section 138 prosecution is a 'victim' under Section 2(wa) CrPC entitled to appeal against acquittal under the proviso to Section 372 CrPC without special leave under Section 378(4) — and on Rajat Deep v. Prince (CRM-A-1320MA-2016). The application was disposed of with directions: the appeal to be treated as filed under the proviso to Section 372 CrPC, assigned by the learned Sessions Judge to an appropriate Court for disposal on merits; the appellate court to decide expeditiously, unimpeded by filing delay; Registry to transmit the order and paper-book and return the trial-court record.

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

CRM-A-311-2025 (O&M) Date of decision: 23.07.2025

Jagjit Sing h Joura @ Jagjit Singh Jaura

.... Applicant

Versus

Ramesh Ku m ar @ Meshi .... Respondent

CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Sandeep S. Majithia, Adv o cate, 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 2025.07.24 08:36 I attest to the accuracy and integrity of this document

CRM-A-311-2025 (O&M) - 2 -

‘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.

SANJEEV KUMAR 2025.07.24 08:36 I attest to the accuracy and integrity of this document

CRM-A-311-2025 (O&M) - 3 -

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.

Disposed of accordingly.

(MANJARI NEHRU KAUL) JUDGE

July 23, 2025 sanjeev Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

SANJEEV KUMAR 2025.07.24 08:36 I attest to the accuracy and integrity of this document