Harbir Singh Alias Harvir Singh Vs Hemant Gulati — Cheque Dishonour | Punjab & Haryana HC (2025)

Harbir Singh Alias Harvir Singh Vs Hemant Gulati — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Application for leave to appeal disposed of with direction to treat the appeal as instituted under the proviso to Section 372 Cr.P.C. and remand it to the concerned learned Sessions Judge; Registry directed to transmit the order with the complete paper-book and return the trial Court record to the learned Sessions Judge concerned.

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

The issue is no longer res integra: following the authoritative ruling of the Hon'ble Supreme Court in Celestium Financial, 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.

Ratio / Principle

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.

Key takeaways

Adopting a pragmatic and justice-oriented approach, the Court directed that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C., and remanded the leave application to the concerned learned Sessions Judge, who may retain it on his/her Board or assign it to another Court of competent jurisdiction.ratio¶21

Detailed headnote1 paragraphs

Acquittal in a complaint under S.138 NI Act - appeal by complainant - maintainability under proviso to S.372 Cr.P.C. The applicant sought leave to appeal against a judgment of acquittal dated 05.02.2025 passed by the Judicial Magistrate Ist Class, Faridabad in a case arising from a complaint dated 04.09.2020 under Section 138 of the NI Act. Held, the question is no longer res integra: relying on M/s Celestium Financial Vs. A. Gnanasekaran Etc., 2025 INSC 804 : 2025(3) RCR (Criminal) 208, 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 appeal against acquittal under the proviso to Section 372 Cr.P.C. without special leave under Section 378(4) Cr.P.C. Adopting a pragmatic and justice-oriented approach, the Court directed that the application be treated as an appeal instituted under the proviso to Section 372 Cr.P.C. and remanded it to the learned Sessions Judge, who may retain it on his/her Board or assign it to a Court of competent jurisdiction; the Registry was directed to transmit the order with the complete paper-book and return the trial Court record. Application disposed of.

CRM-A-800-2025

1

246 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-A-800-2025 Date of Decision: 03.09.2025

Harbir Singh @ Harvir Singh

...Applicant

Versus

Hemant Gulati

...Respondent

CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present: Mr. Balvinder Sangwan, 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 05.02.2025 passed by the learned Judicial Magistrate Ist Class, Faridabad in a case stemming from complaint dated 04.09.2020 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 2025.09.06 11:27 I attest to the accuracy and integrity of this document

CRM-A-800-2025

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.

03.09.2025

(AARADHNA SAWHNEY) JUDGE

Parveen kumar

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

PARVEEN KUMAR 2025.09.06 11:27 I attest to the accuracy and integrity of this document