Kuldeep Singh Vs Navjot Kaur — Cheque Dishonour | Punjab & Haryana HC (2025)

Kuldeep Singh Vs Navjot Kaur — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Leave-to-appeal application disposed of with directions that the appeal be treated as instituted under the proviso to Section 372 Cr.P.C., assigned by the learned Sessions Judge to an appropriate Court for disposal on merits in accordance with law, decided expeditiously without impediment from delay in filing; Registry to transmit the order with the complete paper book and return the trial Court record to the learned Sessions Judge.

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

Adopting a pragmatic and justice-oriented approach, this Court directed that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C.

Ratio / Principle

The learned Sessions Judge concerned is directed to treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign it to an appropriate Court for disposal on merits, in accordance with law.

Key takeaways

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¶¶23

Detailed headnote1 paragraphs

Leave to appeal against acquittal — Section 138 NI Act complaint — Following the Hon'ble Supreme Court's authoritative ruling in M/s Celestium Financial (2025 INSC 804) that a complainant in a Section 138 NI Act prosecution 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., this Court disposed of the applicant's leave application with directions that the appeal be treated as authoritatively instituted under the proviso to Section 372 Cr.P.C., that the learned Sessions Judge assign it to an appropriate Court for disposal on merits in accordance with law, and that the Appellate Court decide it expeditiously without being impeded by any delay in filing; Registry directed to transmit the order with the complete paper book and return the trial Court record.

CRM-A-388-2022 (O&M)

1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

262-2

CRM-A-388-2022 (O&M) Date of decision: July 29^th , 2025

Kuldeep Singh

.....Applicant

Versus

Navjot Kaur

.....Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present: Mr. Varun Sharma, Advocate for the applicant.

MANJARI NEHRU KAUL, J.

The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, ‘NI Act’), whereby the complaint filed by the applicant was dismissed and the accused was acquitted.

The limited question arising for consideration in the present proceedings is 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?

The issue is no longer res integra. In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR

(Criminal) 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

PUNEET SACHDEVA 2025.07.31 10:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM-A-388-2022 (O&M) 2

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 M/s Celestium Financial's case (supra) and the view taken by this Court also in CRM-A-1320-MA-2016 titled as Rajat Deep Versus Prince disposed of 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.

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.

July 29^th, 2025 (MA	NJARI NEHRU KAUL)
Puneet	JUDGE
Whether speaking/reasoned	: Yes/No
Whether reportable	: Yes/No

PUNEET SACHDEVA 2025.07.31 10:42 I attest to the accuracy and authenticity of this document Chandigarh