M/S J.D. Enterprises v. Balbir Singh

Punjab & Haryana HC24 Dec 2025CRR(F)/15/2014

Case brief

AI extract

What is this about?

Cheque dishonour S. 138 NI Act acquittal; complainant-victim's right to appeal under proviso to S. 372 CrPC / S. 413 BNSS 2023 per Celestium Financial v. A. Gnanasekaran 2025(3) RCR(Criminal) 208; Articles 14 and 21; S. 378(4) not required; appeal referred/transferred to Sessions Division for registration under proviso; BNSS 2023 replaces repealed CrPC 1973; Punjab & Haryana High Court, Anoop Chitkara J., 24.12.2025, CRA-AS-15-2014, reportable: No.

What did the court decide?

Appeal referred to the concerned Sessions Division for registration as an Appeal under the Proviso to S. 372 CrPC/413 BNSS, 2023 (or, on objection, under the Proviso to S. 413 BNSS, 2023); Registry to send the file along with the Trial Court's record, if any, to the concerned Sessions Division; pending applications disposed of. ¶¶30

M/S J.D. Enterprises Vs Balbir Singh — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the complainant's appeal against acquittal is to be transferred/dealt with under the proviso to S. 372 CrPC / S. 413 BNSS, 2023 in view of the Supreme Court's judgment in Celestium Financial v. A. Gnanasekaran. +1 more

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Court's answer

In BNSS, 2023, S. 413 is analogous to S. 372 CrPC, 1973, and thus the ratio of the cited Supreme Court judgment (Celestium Financial v. A. Gnanasekaran) shall apply.

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Ratio / Principle

In the interest of Equity, Justice and Fair play, so that the complainant does not face the burden of filing an appeal afresh, the matter is referred to the Sessions Court to be registered as an Appeal under the Proviso to S. 372 CrPC/413 BNSS, 2023; if there is any objection whether it is under the CrPC or BNSS, it shall be registered under the Proviso to S. 413 BNSS, 2023, because the CrPC, 1973 has been repealed.

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Detailed headnote1 paragraphs

Punjab & Haryana High Court (Anoop Chitkara, J.), CRA-AS-15-2014, M/s J.D. Enterprises (complainant/appellant) v. Balbir Singh (accused/respondent), decided 24.12.2025 — Leave to appeal against trial court's acquittal converted into appeal. Acting on counsel's prayer based on the Supreme Court's ruling in Celestium Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208 (excerpts at ¶¶20, 26–27: a complainant who is the victim of a S. 138 cheque-dishonour offence may proceed under the proviso to S. 372 CrPC without electing S. 378(4)), the Court held that S. 413 BNSS, 2023 is analogous to S. 372 CrPC, 1973 and that the said ratio applies. To spare the complainant the burden of re-filing, the matter was referred to the Sessions Court for registration as an Appeal under the Proviso to S. 372 CrPC/413 BNSS, 2023, or under the Proviso to S. 413 BNSS, 2023 if CrPC/BNSS is disputed, the CrPC, 1973 having been repealed; Registry to forward the file with trial court record. Pending applications disposed. Speaking/reasoned: Yes; Reportable: No.

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CRA-AS-15-2014

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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203

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CRA-AS-15-2014

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Date of Decision: 24.12.2025

M/s J.D. Enterprises

......Appellant

Verus

Balbir Singh ......Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Sardavinder Goyal, Advocate for the appellant.

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Mr. Jainainder Saini, Advocate and Ms. Shilpa Saini, Advocate for the respondent.

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ANOOP CHITKARA J.

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Criminal	1452-II of 2012
Complaint(s)	Date of decision: 23.07.2014

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Feeling aggrieved by the trial court's judgment, dismissing the complaint on merits, and acquitting the accused/respondent, the complainant had come up before this Court by filing the leave to appeal, which was converted into present appeal.

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Counsel for the appellant prays for transfer of appeal to the first Appellate Court in view of judgment of Hon’ble Supreme Court passed in “Celestium Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208, decided on 08.04.2025”.

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[7.8] In the case of an offence alleged against an accused under Section 138 of the Act, we are of the view that the complainant is indeed the victim owing to the alleged dishonour of a cheque. In the circumstances, the

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ANJU RANI 2025.12.24 12:35 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

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CRA-AS-15-2014

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complainant can proceed as per the proviso to Section 372 of the CrPC and he may exercise such an option and he need not then elect to proceed under Section 378 of the CrPC.

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[8]. The right to prefer an appeal is no doubt a statutory right and the right to prefer an appeal by an accused against a conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution. If that is so, then the right of a victim of an offence to prefer an appeal cannot be equated with the right of the State or the complainant to prefer an appeal. Hence, the statutory rigours for filing of an appeal by the State or by a complainant against an order of acquittal cannot be read into the proviso to Section 372 of the CrPC so as to restrict the right of a victim to file an appeal on the grounds mentioned therein, when none exists.

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[10]. As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the CrPC.

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In BNSS, 2023, S. 413 is analogous to S. 372 CrPC, 1973, and thus the ratio of ��shall apply.

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However, the complainant should not face the burden of filing an appeal again before the Sessions Court because the law has been interpreted recently. Therefore, in the interest of Equity, Justice, and Fair play, it would be appropriate to refer this matter to the Sessions Court, where it will be registered as an Appeal under the Proviso to S. 372 CrPC/413 BNSS, 2023, as applicable. If there is any objection regarding whether it is an appeal under the CrPC or BNSS, it shall be registered under the Proviso to S. 413 BNSS, 2023, because the CrPC, 1973, has been repealed.

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(� Given above, the Registry is to send this file along with the Trial Court’s Record, if any, to the concerned Sessions Division.

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ANJU RANI 2025.12.24 12:35 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

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CRA-AS-15-2014

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)� �� � *��'�� $ ��. All pending application(s), if any, stand disposed of.