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2025 DAILYLAW 101673 (PNJ)

M/S PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED v. M/S DSL RICE MILLS AND ANOTHER

CRA-AS/527/2023 · 2025-08-25

Aman Chaudhary

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT 247 M/S Punjab State Civil Supplies M/S Dsl Rice Mills And Another CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. acquittal dated 1st Class, Rupnagar, Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. A. Gnanasekaran Etc. 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 as a ‘victim’ within the meaning under Se of which, the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it. 3. Court record, if received, along with the said order forthwith, while also informing the parties. 25.08.2025 parveen kumar Whether speaking/reasoned : Yes / No Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH M/S Punjab State Civil Supplies Corporation Limited Versus M/S Dsl Rice Mills And Another CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Raj Pratap Singh Brar, Adv for the appellant. AMAN CHAUDHARY, J. (ORAL) The present appeal has been filed against acquittal dated 24.11.2017 passed by the learned Judicial Magistrate Rupnagar, in a complaint filed under Section 138 of Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). Hon’ble the Supreme Court in A. Gnanasekaran Etc., 2025 SCC OnLine 1320, held that maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a under Section 138 NI Act, by treating the complainant ‘victim’ within the meaning under Section 2 (wa) of Cr.P.C, in view the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under 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 Court record, if received, along with the said order forthwith, while also informing the parties. Whether speaking/reasoned : Yes / No Whether reportable : Yes / No IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-AS-527-2023 (O & M) Date of decision: 25.08.2025 Corporation Limited ....Appellant ...Respondents BLE MR. JUSTICE AMAN CHAUDHARY Mr. Raj Pratap Singh Brar, Advocate, appeal has been filed against the judgment of passed by the learned Judicial Magistrate in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). in M/s Celestium Financial vs. , 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 under Section 138 NI Act, by treating the complainant therein, ction 2 (wa) of Cr.P.C, in view the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under 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 forthwith, while also (AMAN CHAUDHARY) JUDGE PARVEEN KUMAR 2025.08.27 18:48 I attest to the accuracy and integrity of this order/judgment.