Vinay Kumar Vs M/S Shubham Packers and Another — Cheque Dishonour | Punjab & Haryana HC (2025)

Vinay Kumar Vs M/S Shubham Packers and Another — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions that (i) the appeal be treated as instituted under the proviso to Section 372 Cr.P.C. and assigned by the learned Sessions Judge to an appropriate Court for disposal on merits in accordance with law; (ii) the Appellate Court decide the appeal expeditiously without being impeded by any delay in filing; (iii) the Registry transmit the order along with the complete paper-book and return the Trial Court record, if received, to the learned Sessions Judge.

Issue for consideration

Whether 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. (as authoritatively held by the Hon'ble Supreme Court). +1 more

Ratio / Principle

Guided by the principle that procedural rules must serve and not obstruct justice, the Court directed that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 Cr.P.C.

Key takeaways

In view of the Supreme Court pronouncement in M/s Celestium Financial and this Court's decision in Rajat Deep v. Prince, the application was disposed of with a direction that the learned Sessions Judge treat the appeal as filed under the proviso to Section 372 Cr.P.C. and assign it to an appropriate Court for disposal on merits.ratio¶¶7

Detailed headnote1 paragraphs

Criminal Miscellaneous Application (CRM-A-314-2021 O&M), decided 30.07.2025 by Manjari Nehru Kaul, J. Relying on the Hon'ble Supreme Court's authoritative pronouncement in M/s Celestium Financial that a complainant in a Section 138 NI Act prosecution is a 'victim' under Section 2(wa) Cr.P.C. entitled to appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4), and on this Court's subsequent view in Rajat Deep v. Prince (CRM-A1320-MA-2016, disposed 21.07.2025), the Court directed that the pending appeal be treated as instituted under the proviso to Section 372 Cr.P.C.; the learned Sessions Judge to assign it to an appropriate Court for disposal on merits expeditiously, unimpeded by delay in filing; Registry to transmit the order with paper-book and return the Trial Court record. Disposed of accordingly.

ARCHANA ARORA

2025.07.31 11:10 I attest to the accuracy and integrity of this document

CRM-A-314-2021 (O&M)

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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 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-A1320- MA-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

ARCHANA ARORA 2025.07.31 11:10 I attest to the accuracy and integrity of this document

CRM-A-314-2021 (O&M)

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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.

Disposed of accordingly

( MANJARI NEHRU KAUL ) 30.07.2025 JUDGE archana Whether speaking/reasoned : Yes Whether reportable : No

ARCHANA ARORA 2025.07.31 11:10 I attest to the accuracy and integrity of this document