Ant Ram Vs Parveen Kumar — Cheque Dishonour | Punjab & Haryana HC (2025)

Ant Ram Vs Parveen Kumar — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application for leave to appeal disposed of with directions that the appeal be treated as instituted under the proviso to Section 372 Cr.P.C., be assigned by the learned Sessions Judge concerned to an appropriate Court for disposal on merits in accordance with law, be decided expeditiously without being impeded by delay in filing, and that the Registry transmit the order with the complete paper-book and return the Trial Court record.

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 at the instance of the complainant under the proviso to Section 372 of the Cr.P.C. (i.e., without seeking special leave under Section 378(4) Cr.P.C.).

Court's answer

Proceeding on the authoritative pronouncement of the Hon'ble Supreme Court in M/s Celestium Financial (2025 INSC 804), this Court accepted that a 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 special leave under Section 378(4) Cr.P.C., and accordingly deemed it appropriate to direct that the present appeal be treated as one authoritatively instituted under that proviso.

Ratio / Principle

The present application for leave to appeal is disposed of with a direction that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 Cr.P.C. and assign it to an appropriate Court for disposal on merits, in accordance with law.

Key takeaways

The concerned Appellate Court shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position clarified by the Hon'ble Apex Court; additionally, the Registry was directed to transmit the order with a copy of the complete paper-book and return the Trial Court record, if received, to the learned Sessions Judge.ratio¶22

Detailed headnote1 paragraphs

Criminal — Leave to appeal against acquittal — Negotiable Instruments Act, 1881, S.138 — Complainant as 'victim' — Cr.P.C., S.2(wa) and proviso to S.372. Following the Hon'ble Supreme Court's ruling in M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804 : 2025(3) RCR (Criminal) 208, and the consistent view taken by this Court (including Rajat Deep v. Prince, CRM-A-1320-MA-2016, decided 21.07.2025), the Punjab & Haryana High Court (Manjari Nehru Kaul, J.) held that a complainant in a cheque-dishonour prosecution under Section 138 NI Act qualifies as a 'victim' under Section 2(wa) Cr.P.C. and may pursue an appeal against acquittal under the proviso to Section 372 Cr.P.C. without the requirement of special leave under Section 378(4) Cr.P.C. The leave application (CRM-A-667-2019, Ant Ram v. Parveen Kumar, decided 28.07.2025) was disposed of with directions that the appeal be treated as authoritatively instituted under the proviso to Section 372 Cr.P.C., be assigned by the learned Sessions Judge concerned to an appropriate Court for disposal on merits, and be decided expeditiously without being impeded by any delay in filing; the Registry was further directed to transmit the order with the complete paper-book and return the Trial Court record.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

253

CRM-A-667-2019 Date of decision: 28.07.2025

Ant Ram

.....Applicant/Appellant

Versus

Parveen Kumar

.....Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present : Mr. A.S. Virk, Advocate for the applicant/appellant.

Mr. Randeep Singh, Advocate for Mr. Vikram Singh, Advocate for the respondent.

MANJARI NEHRU KAUL, J.

The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'NI Act'), whereby the complaint filed by the applicant was dismissed and the accused was acquitted.

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

VINAY 2025.07.29 11:18 I attest to the accuracy and authenticity of this order/judgment

CRM-A-667-2019

(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 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.

In view of the authoritative pronouncement in M/s Celestium Financial's case (supra) and the view taken by this Court also in subsequent cases including in CRM-A-1320-MA-2016 titled as 'Rajat Deep Vs. Prince', disposed of on 21.07.2025 , the present application is disposed of with a direction that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign the same to an appropriate Court for disposal on merits, in accordance with law.

The concerned Appellate Court shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon'ble Apex Court.

VINAY 2025.07.29 11:18 I attest to the accuracy and authenticity of this order/judgment

CRM-A-667-2019

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.

Disposed of accordingly.

28.07.2025 ( MANJARI NEHRU KAUL ) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

VINAY 2025.07.29 11:18 I attest to the accuracy and authenticity of this order/judgment