Disposed¶21

Parul Narang v. Ajay Raghav and Others

Punjab & Haryana HC3 Sept 2025CRM-A/550/2020

Case brief

AI extract

What is this about?

CRM-A leave to appeal acquittal S.138 NI Act complainant as victim S.372 Cr.P.C. proviso S.413 BNSS 2023 Celestium Financial 2025 SCC OnLine 1320 Judicial Magistrate Faridabad acquittal 20.01.2020 disposed Sessions Judge to reassign under S.372 Cr.P.C. Punjab & Haryana High Court Aman Chaudhary 03.09.2025

What did the court decide?

Applications/appeal disposed of by directing the concerned Sessions Judge to treat the matter as filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; Registry to forward the paper-book and trial Court record and inform the parties. ¶21

Parul Narang Vs Ajay Raghav and Others — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant-appellant's applications for leave to appeal against the acquittal in the Section 138 NI Act complaint are maintainable under the proviso to Section 372 Cr.P.C. (complainant treated as a 'victim'), rather than proceeding under Section 378(4) Cr.P.C.

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Court's answer

In view of the Supreme Court's ruling in M/s Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine 1320 (appeal by the Section 138 NI Act complainant maintainable under the proviso to Section 372 Cr.P.C., corresponding Section 413 BNSS 2023, complainant being a 'victim' under Section 2(wa) Cr.P.C.), the Court disposed of the present appeal 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.

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Key takeaways

The Registry was directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the parties.obiter¶22

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Aman Chaudhary, J.), 03.09.2025 — CRM-A-550-2020 (O&M) & CRM-A-717-2020 (O&M): Applicant's applications under S. 378(4) Cr.P.C. for leave to appeal against judgments of acquittal dated 20.01.2020 passed by the Judicial Magistrate 1st Class, Faridabad in a S. 138 NI Act complaint were disposed of in light of M/s Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine 1320, where the Supreme Court held that an appeal against acquittal in a S. 138 NI Act complaint lies under the proviso to S. 372 Cr.P.C. (corresponding S. 413 BNSS 2023), the complainant being a 'victim' under S. 2(wa) Cr.P.C. The concerned Sessions Judge was directed to treat the appeal as filed under S. 372 Cr.P.C. and assign it to the Court concerned; the Registry was directed to transmit the complete paper-book and trial Court record with the order and inform the parties.

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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232

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CRM-A-550-2020 (O&M) Date of decision: 03.09.2025

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Parul Narang

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....applicant-appellant

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Versus

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Ajay Raghav and Others

...Respondents

CRM-A-717-2020 (O&M)

Parul Narang

....applicant-appellant

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Versus

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Ajay Raghav and Others

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...Respondents

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**CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *******

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Present : Mr. Aditya Jain, Advocate for the applicant-appellant ********* AMAN CHAUDHARY, J. (ORAL)

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The present applications have 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 judgments of acquittal dated 20.01.2020 passed by the learned Judicial Magistrate 1 st Class, Faridabad in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 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

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MOHIT 2025.09.03 17:44 I attest to the accuracy and integrity of this document

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CRM-A-550-2020 (O&M) CRM-A-717-2020 (O&M)

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-2-

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Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it.

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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 . 4 .

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03.09.2025 (AMAN CHAUDHARY) M.Kamra JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

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MOHIT 2025.09.03 17:44 I attest to the accuracy and integrity of this document

Parul Narang v. Ajay Raghav and Others

Case brief

What is this about?

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Parul Narang v. Ajay Raghav and Others

Case brief

What is this about?

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Parul Narang Vs Ajay Raghav and Others