Inder Singh Vs Gurdev Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

Inder Singh Vs Gurdev Singh — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

The leave-to-appeal application was treated as an appeal instituted under the proviso to Section 372 Cr.P.C. and remanded to the learned Sessions Judge, Amritsar for disposal as such; the Registry was directed to transmit the order along with a copy of the complete paper-book and return the trial Court record, if received, to the learned Sessions Judge concerned; pending applications, if any, stand 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 the Supreme Court's authoritative ruling in M/s Celestium Financial v. A. Gnanasekaran (2025 INSC 804), the complainant in a prosecution under Section 138 NI Act qualifies as a 'victim' under Section 2(wa) Cr.P.C. and is entitled to pursue an appeal against acquittal under the proviso to Section 372 Cr.P.C. without seeking special leave under Section 378(4) Cr.P.C.; the Court held the issue to be no longer res integra.

Ratio / Principle

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.

Key takeaways

In view of Celestium Financial (supra), the present application seeking leave to appeal was remanded back to the learned Sessions Judge, Amritsar, with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C.; the learned Sessions Judge may retain the said appeal on his/her Board or assign it to some other Court of competent jurisdiction.ratio¶21

Detailed headnote1 paragraphs

Order (oral, single Judge: Aaradhna Sawhney, J.), Punjab & Haryana High Court, Chandigarh, CRM-A-607-2025 (O&M), decided 08.09.2025 — Inder Singh, complainant, sought leave to appeal against his acquittal (judgment dated 21.01.2025, Judicial Magistrate Ist Class, Amritsar) in a complaint dated 06.10.2018 under Section 138 NI Act against Gurdev Singh. Holding the question no longer res integra in view of the Supreme Court's ruling in 'M/s Celestium Financial Vs. A. Gnanasekaran Etc.', 2025 INSC 804 : 2025(3) RCR (Criminal) 208 — that a Section 138 complainant is a 'victim' under Section 2(wa) Cr.P.C. entitled to appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4) Cr.P.C. — the Court directed that the application be treated as authoritatively instituted under the proviso to Section 372 and remanded it to the learned Sessions Judge, Amritsar, to deal with it as a Section 372 appeal (retainable on his/her Board or assignable to another competent Court). The Registry was directed to transmit the order with the paper-book and return the trial Court record. Disposed of accordingly; pending applications also disposed of.

CRM-A-607-2025 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

241

CRM-A-607-2025 (O&M) Date of decision: 08.09.2025

Inder Singh ...Appellant Versus Gurdev Singh ...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present : Ms. Samanpreet Kaur, Advocate for the appellant.

AARADHNA SAWHNEY, J.(ORAL)

The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal dated 21.01.2025 passed by the learned Judicial Magistrate Ist Class, Amritsar, in a case stemming from complaint dated 06.10.2018 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’)

2. 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?

3. 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 against acquittal under the proviso to Section 372 of the Cr.P.C., without the requirement of seeking special leave under Section

HAMANT 2025.09.10 12:38 I attest to the accuracy and integrity of this document

CRM-A-607-2025 (O&M)

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378(4) of the Cr.P.C.

4. 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.

5. T herefore, 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 learned Sessions Judge, Amritsar 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.

6. 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.

7. Disposed of accordingly.

8. Pending application, if any, also stands disposed of.

	(AARADHNA SAWHNEY) JUDGE
08.09.2025
Hemant
	Whether speaking/reasoned : Yes / No
	Whether reportable : Yes / No

HAMANT 2025.09.10 12:38 I attest to the accuracy and integrity of this document