Parul Narang Vs Ajay Raghav and Others — Cheque Dishonour | Punjab & Haryana HC (2025)

Parul Narang Vs Ajay Raghav and Others — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of by directing the concerned Sessions Judge to treat the applications as having been filed under Section 372 Cr.P.C. and assign the same to the Court concerned for deciding it; Registry directed to send the complete paper-book and trial Court record, if received, along with the said order, informing the parties.

Issue for consideration

Whether the applications for leave to appeal under Section 378(4) Cr.P.C. against the acquittals in the Section 138 NI Act complaints are maintainable/proceedable, and under which provision they should be pursued.

Court's answer

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

Ratio / Principle

As part of giving effect to the disposal, the Registry was directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith to the concerned Court, while also informing the parties.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Aman Chaudhary, J.), CRM-A-550-2020 (O&M) and CRM-A-717-2020 (O&M), decided 03.09.2025: Applications for leave to appeal under Section 378(4) Cr.P.C. against judgments of acquittal dated 20.01.2020 passed by the Judicial Magistrate 1st Class, Faridabad in a complaint under Section 138 NI Act were disposed of in view of the Supreme Court ruling in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 (appeal against such acquittal maintainable under proviso to Section 372 Cr.P.C., corresponding Section 413 BNSS 2023, complainant treated as a 'victim' under Section 2(wa) Cr.P.C.). The concerned Sessions Judge was directed to treat the matters as filed under Section 372 Cr.P.C. and assign them to the Court concerned for decision; the Registry was directed to forward the complete paper-book and trial Court record, informing the parties.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

232

CRM-A-550-2020 (O&M) Date of decision: 03.09.2025

Parul Narang

....applicant-appellant

Versus

Ajay Raghav and Others

...Respondents

CRM-A-717-2020 (O&M)

Parul Narang

....applicant-appellant

Versus

Ajay Raghav and Others

...Respondents

**CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *******

Present : Mr. Aditya Jain, Advocate for the applicant-appellant ********* AMAN CHAUDHARY, J. (ORAL)

The present applications have 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 judgments of acquittal dated 20.01.2020 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

MOHIT 2025.09.03 17:44 I attest to the accuracy and integrity of this document

CRM-A-550-2020 (O&M) CRM-A-717-2020 (O&M)

-2-

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 . 4 .

03.09.2025 (AMAN CHAUDHARY) M.Kamra JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No

MOHIT 2025.09.03 17:44 I attest to the accuracy and integrity of this document