Avinash Chander Vs Baljinder Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

Avinash Chander Vs Baljinder Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application for leave to appeal treated as an appeal instituted under the proviso to Section 372 Cr.P.C. and remanded to the concerned learned Sessions Judge, who may retain it on his/her Board or assign it to some other Court of competent jurisdiction; Registry directed to transmit the order along with copy of the complete paper-book and return the trial Court record, if received, to the learned Sessions Judge concerned; pending applications, if any, disposed of.

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 deemed 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.

Ratio / Principle

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 learned Sessions Judge may retain the appeal on his/her Board or assign it to some other Court of competent jurisdiction.

Detailed headnote1 paragraphs

CRM-A-600-2023 (Punjab & Haryana High Court, decided 01.09.2025, Aaradhna Sawhney, J.): Applicant Avinash Chander sought leave to appeal against the judgment of acquittal dated 09.12.2022 passed by the learned Judicial Magistrate Ist Class, Jalalabad in complaint No.NACT/303/2021 under Section 138 of the NI Act against respondent Baljinder Singh. Holding the issue to be no longer res integra in view of the Supreme Court's authoritative ruling in M/s Celestium Financial Vs. A. Gnanasekaran (2025 INSC 804 : 2025(3) RCR (Criminal) 208) that a complainant in a Section 138 NI Act prosecution 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 application be treated as an appeal authoritatively instituted under the proviso to Section 372 Cr.P.C. and remanded it to the concerned learned Sessions Judge, who may retain it on his/her Board or assign it to another Court of competent jurisdiction; the Registry was directed to transmit the order with the paper-book and return the trial Court record. Disposed of accordingly.

CRM-A-600-2023

1

240 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-600-2023 Date of Decision: 01.09.2025

Avinash Chander

...Applicant

Versus

Baljinder Singh ...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present: Mr. Neeraj Madaan, 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 09.12.2022 passed by the learned Judicial Magistrate Ist Class, Jalalabad in a case stemming from complaint bearing No.NACT/303/2021 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 10:34 I attest to the accuracy and integrity of this document

CRM-A-600-2023

2

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.

(AARADHNA SAWHNEY) 01.09.2025 JUDGE

Parveen kumar

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

PARVEEN KUMAR 2025.09.04 10:34 I attest to the accuracy and integrity of this document