Ravinder Vs Azeem — Cheque Dishonour | Punjab & Haryana HC (2025)

Ravinder Vs Azeem — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Applications disposed of with directions that the appeals be treated as instituted under the proviso to Section 372 of the Cr.P.C.; the learned Sessions Judge concerned to assign them to an appropriate Court for disposal on merits in accordance with law; the Appellate Court to decide them expeditiously without being impeded by any delay in filing; the Registry to transmit the order with the complete paper-book and return the Trial Court record to the learned Sessions Judge.

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

Following the Hon'ble Supreme Court's authoritative pronouncement in M/s Celestium Financial (2025 INSC 804), 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. and is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the Cr.P.C. without seeking special leave under Section 378(4) of the Cr.P.C.; the question raised is accordingly answered in the affirmative.

Ratio / Principle

The present appeal is directed to be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C.

Key takeaways

The learned Sessions Judge concerned shall treat the appeal as 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.ratio¶5
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.ratio¶6

Detailed headnote1 paragraphs

CRM-A-977-2019 & CRM-A-1057-2019 (High Court of Punjab & Haryana at Chandigarh; Manjari Nehru Kaul, J.; decided 30.07.2025) — Applications by Ravinder, applicant/appellant in complaint cases under Section 138 of the Negotiable Instruments Act, 1881 (against respondents Azeem and Hazi Mohammed respectively), seeking leave to appeal against judgments of acquittal dismissing the complaints and acquitting the accused. Held, the issue being no longer res integra in view of the Hon'ble Supreme Court's authoritative pronouncement in M/s Celestium Financial Vs. A. Gnanasekaran Etc., 2025 INSC 804 : 2025(3) RCR (Criminal) 208, 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. and 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. Accordingly, the appeals were directed to be treated as authoritatively instituted under the proviso to Section 372 of the Cr.P.C.; the learned Sessions Judge concerned to assign them to an appropriate Court for disposal on merits in accordance with law; and the concerned Appellate Court to decide them expeditiously without being impeded by any delay in filing, in view of the legal position clarified by the Hon'ble Apex Court. The Court also took into account the view taken by it in subsequent cases including Rajat Deep Versus Prince, CRM-A1320- MA-2016, disposed off on 21.07.2025. Applications disposed of accordingly; Registry directed to transmit the order with the complete paper-book and return the Trial Court record.

CRM-A-977-2019

1

CRM-A-1057-2019

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-977-2019

Date of decision: 30.07.2025

Ravinder

.....Applicant/Appellant

Versus

Azeem

......Respondent(s)

CRM-A-1057-2019

Ravinder

.....Applicant/Appellant

Versus

Hazi Mohammed

......Respondent(s)

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present : Ms. Urvashi Singh, Advocate for the applicant/appellant.

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

ARCHANA ARORA 2025.07.31 15:59 I attest to the accuracy and integrity of this document

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CRM-A-977-2019 CRM-A-1057-2019

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 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 Rajat Deep Versus Prince, CRM-A1320- MA-2016 , disposed off 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

ARCHANA ARORA 2025.07.31 15:59 I attest to the accuracy and integrity of this document

CRM-A-977-2019 3

CRM-A-1057-2019

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.

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.

A photocopy of this order be placed on files of other connected

cases.

		(MANJARI NEHRU KAUL)
30.07.2025		JUDGE
archana
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

ARCHANA ARORA 2025.07.31 15:59 I attest to the accuracy and integrity of this document