Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
238 Rajesh Kumar Budh Prakash Singh
CORAM: HON
Present :
AMAN CHAUDHARY, J. (ORAL)
1.
419(4) of BNSS, 2023
judgment of acquittal dated Magistrate 1 the 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 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 Cr.P.C. and assigning the same to the Court concerned for deciding it.
3.
Court record, if received, along with the said orde informing the parties.
28.08.2025 parveen kumar Whether speaking/reasoned : Yes / No
Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Rajesh Kumar
Versus Budh Prakash Singh
CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY
Mr. K.S.Dargan, Advocate, for the applicant.
AMAN CHAUDHARY, J. (ORAL) The present application has been preferred 419(4) of BNSS, 2023 seeking grant of leave to appeal against the
judgment of acquittal dated 11.12.2024 pass Magistrate 1st Class, Ferozepur, in a complaint filed under Section 138 of the 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 orde informing the parties.
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-362-2025 (O & M) Date of decision: 28.08.2025
....Applicant
...Respondent(s) BLE MR. JUSTICE AMAN CHAUDHARY
Mr. K.S.Dargan, Advocate, for the applicant.
The present application has been preferred under Section seeking grant of leave to appeal against the passed by the learned Judicial 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, ‘victim’ within the meaning under Section 2 (wa) of Cr.P.C, in view the present appeal is disposed of by directing the concerned 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 2025.08.29 11:32 I attest to the accuracy and integrity of this
order/judgment.