Raminder Bisley @ Raima Sandhu Vs Gurmeet Kaur — Cheque Dishonour | Punjab & Haryana HC (2025)

Raminder Bisley @ Raima Sandhu Vs Gurmeet Kaur — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application for leave to appeal disposed of with directions: appeal to be treated as instituted under the proviso to Section 372 Cr.P.C.; application remanded to the concerned learned Sessions Judge to be dealt with as a Section 372 Cr.P.C. appeal (to be retained or assigned to a competent Court); Registry to transmit the order and paper-book and return the 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

Adopting a pragmatic, justice-oriented approach, the 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

In view of the Apex Court judgment in Celestium Financial (supra), the application seeking leave to appeal is remanded to the concerned learned Sessions Judge with a direction to treat it as an appeal filed under Section 372 of the Cr.P.C.; the Sessions Judge may retain the appeal on his/her Board or assign it to some other Court of competent jurisdiction.

Key takeaways

The Registry was directed to transmit the order along with the complete paper-book and to return the trial Court record, if received, to the concerned learned Sessions Judge.ratio¶23

Detailed headnote1 paragraphs

CRM-A-537-2024 (Punjab & Haryana HC at Chandigarh, decided 02.09.2025, Aaradhna Sawhney, J., oral): Leave-to-appeal application by complainant Raminder Bisley @ Raima Sandhu against the acquittal judgment dated 07.03.2024 of the Judicial Magistrate Ist Class, Zira in a complaint dated 01.04.2022 under Section 138 NI Act against Gurmeet Kaur. Taking note of the Supreme Court's authoritative ruling in M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 : 2025(3) RCR (Criminal) 208, that a Section 138 NI Act complainant qualifies as a 'victim' under Section 2(wa) Cr.P.C. and may appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4) Cr.P.C., this Court directed that the appeal be treated as instituted under the proviso to Section 372 Cr.P.C., remanded the leave application to the concerned learned Sessions Judge to handle as a Section 372 Cr.P.C. appeal (retaining it or assigning to a competent Court), and directed the Registry to transmit the order with the paper-book and return the trial Court record; application disposed of accordingly.

CRM-A-537-2024

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240-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-537-2024 Date of Decision: 02.09.2025

Raminder Bisley @ Raima Sandhu

...Applicant

Versus

Gurmeet Kaur

...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present: Mr. Lokesh Vohra, Advocate, for the applicant.

AARADHNA SAWHNEY, J. (ORAL)

The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal dated 07.03.2024 passed by the learned Judicial Magistrate Ist Class, Zira in a case stemming from complaint dated 01.04.2022 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).

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 complainant is entitled to pursue an appeal

PARVEEN KUMAR 2025.09.04 10:25 I attest to the accuracy and integrity of this document

CRM-A-537-2024

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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.

Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the concerned learned Sessions Judge with a direction to treat the same as appeal filed under Section 372 of the Cr.P.C. Learned Sessions Judge may retain the said appeal on his/her Board or assign it to some other Court of competent jurisdiction.

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, concerned.

Disposed of accordingly.

Pending application, if any, also stands disposed of.

02.09.2025

(AARADHNA SAWHNEY) JUDGE

Parveen kumar

Whether speaking/reasoned :Yes/No Whether reportable :Yes/No

PARVEEN KUMAR 2025.09.04 10:25 I attest to the accuracy and integrity of this document