THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., HISAR v. MAKHAN
CRA-AS/41/2024 · 2025-09-05
Aman Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25807 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25807 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA 217
1. CRA-AS-41 THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., HISAR V/S MAKHAN
2. CRA-AS-42 THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. V/S MANGE RAM CORAM: HON'BLE MR. Present : Mr. Mr. Jainainder Saini, Advocate for the respondent. (through hybrid mode) AMAN CHAUDHARY, J. (ORAL)
1. The present application of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal dated learned Judicial Magistrate 1 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. Hon’ble the Supreme Court Gnanasekaran Etc. under the proviso of Se 2023) against an order of acquittal pa Act, by treating the complainant Section 2 (wa) of C 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 deci ing it. 3. Registry is directed to send the complete record, if received, along with the said order forthwith parties. 4. Photocopy of this order be placed on the connected
05.09.2025 ashok
Whether speaking/reasoned
Whether reportable
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
41-2024 THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., HISAR V/S MAKHAN 42-2024 THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. V/S MANGE RAM HON'BLE MR. JUSTICE AMAN CHAUDHARY
***** Mr. Vivek Sheoran, Advocate for the applicant Mr. Jainainder Saini, Advocate for the respondent. (through hybrid mode) ***** AMAN CHAUDHARY, J. (ORAL) The present applications have been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal dated learned Judicial Magistrate 1st Class, Hisar in a complai of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).
Hon’ble the Supreme Court in Gnanasekaran Etc., 2025 SCC OnLine 1320, held that under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint Act, by treating the complainant therein, as a 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 been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deci Registry is directed to send the complete record, if received, along with the said order forthwith Photocopy of this order be placed on the connected
(AMAN CHAUDHARY)
Whether speaking/reasoned : Yes / No Whether reportable
: Yes / No IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 05.09.2025 THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., HISAR V/S MAKHAN THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. V/S MANGE RAM JUSTICE AMAN CHAUDHARY
, Advocate for the applicant-appellant. Mr. Jainainder Saini, Advocate for the respondent. been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of leave to appeal against the judgment of acquittal dated 03.06.2016 passed by the in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).
in M/s Celestium Financial vs. A. , 2025 SCC OnLine 1320, held that an appeal is maintainable ction 372 Cr.P.C. (corresponding Section 413 of BNSS, ssed in a complaint under Section 138 NI ‘victim’ within the meaning under 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 deci Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the Photocopy of this order be placed on the connected file. (AMAN CHAUDHARY)
JUDGE Yes / No Yes / No
THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND THE HISAR DISTRICT PRIMARY COOPERATIVE AGRICULTURE AND been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of passed by the nt filed under Section 138 M/s Celestium Financial vs. A. an appeal is maintainable ction 372 Cr.P.C. (corresponding Section 413 of BNSS, under Section 138 NI ‘victim’ within the meaning under 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 decid- book and trial Court , while also informing the ASHOK KUMAR 2025.09.05 19:00 I attest to the accuracy and integrity of this document