Basant Kumar Sharma Vs M/S G S Enterprises and Anr. — Cheque Dishonour | Punjab & Haryana HC (2025)

Basant Kumar Sharma Vs M/S G S Enterprises and Anr. — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application/appeal disposed of 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 deciding; Registry further directed to send the complete paper-book and trial Court record, if received, along with the said order and to inform the parties.

Issue for consideration

Whether the application for leave to appeal filed under Section 378(4) Cr.P.C. against the acquittal in the Section 138 NI Act complaint should be treated as an appeal under the proviso to Section 372 Cr.P.C., given the Supreme Court's ruling in M/s Celestium Financial that the complainant is a 'victim' within the meaning of Section 2(wa) Cr.P.C.

Court's answer

In view of the Supreme Court's holding in M/s Celestium Financial (appeal against acquittal in a Section 138 NI Act complaint maintainable under the proviso to Section 372 Cr.P.C., corresponding to Section 413 BNSS 2023, complainant treated as 'victim' under Section 2(wa) Cr.P.C.), the present appeal is disposed of by directing the concerned Sessions Judge to treat it as having been filed under Section 372 of Cr.P.C. and to assign it to the Court concerned for deciding it.

Key takeaways

Ancillary direction forming part of the disposition: the Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order, while also informing the parties.obiter¶16

Detailed headnote1 paragraphs

High Court of Punjab & Haryana at Chandigarh (Aman Chaudhary, J., oral) — CRM-A-568-2020 (O&M), decided 29.10.2025. Basant Kumar Sharma, applicant-appellant, had sought leave to appeal under Section 378(4) Cr.P.C. against the judgment of acquittal dated 06.11.2019 passed by the Judicial Magistrate 1st Class, Faridabad in a complaint under Section 138 NI Act against M/s G.S. Enterprises and Another. Relying on the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 — that an appeal against acquittal in a Section 138 NI Act complaint is maintainable under the proviso to Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023), the complainant being a 'victim' within Section 2(wa) Cr.P.C. — the Court disposed of the appeal by directing the concerned Sessions Judge to treat it as filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; the Registry was directed to forward the paper-book and trial Court record with the order and inform the parties.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

250

CRM-A-568-2020 (O&M) Date of decision: 29.10.2025

Basant Kumar Sharma

....applicant-appellant

Versus

M/s G.S. Enterprises and Another

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present : Mr. Rakesh Dhiman, Advocate for the applicant-appellant

AMAN CHAUDHARY, J. (ORAL)

The present application has 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 judgment of acquittal dated 06.11.2019 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 Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it.

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.

29.10.2025	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes /	No
Whether reportable	: Yes /	No

MOHIT 2025.10.29 19:18 I attest to the accuracy and integrity of this document