The Ambala District Primary Coperative Agricultural and Rural Development Bank Ltd. v. Rajinder Pal
Case brief
What is this about?
Punjab & Haryana High Court, CRM-A-652-2019 (Manjari Nehru Kaul, J., 25.07.2025): complainant-bank's leave application against acquittal in a Section 138 NI Act cheque-dishonour case. Applying M/s Celestium Financial (2025 INSC 804) and Rajat Deep v. Prince (CRM-A-1320-MA-2016), held that a Section 138 complainant is 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.; appeal treated as duly instituted under the proviso, assigned to appropriate Court for expeditious merits disposal. Statutes: S.138 NI Act; proviso to S.372, S.378(4), S.2(wa) Cr.P.C.
What did the court decide?
Leave application disposed of: the appeal to be treated as instituted under the proviso to Section 372 Cr.P.C. and assigned by the Sessions Judge to an appropriate Court for disposal on merits; Appellate Court to decide it expeditiously without being impeded by any delay in filing; Registry to transmit the order with the complete paper-book and return the trial Court record to the learned Sessions Judge.