SHRIRAM TRANSPORT FINANCE COMPANY LIMITED v. SANJEEV JOSHI
CRM-A/409/2025 · 2025-08-25
Aman Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31091 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31091 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
254 Shriram Transport Finance Company Limited Sanjeev Joshi
CORAM: HON
Present :
AMAN CHAUDHARY, J. (ORAL)
1. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘C seeking grant of leave to appeal against the judgment of acquittal dated 21.01.2025 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. A. Gnanasekaran Etc. maintainable under the proviso of Section 372 Cr.P.C. 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 appe 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
Shriram Transport Finance Company Limited
Versus Sanjeev Joshi
HON’BLE MR. JUSTICE AMAN CHAUDHARY
Mr. G.S.Sandhu, Advocate, for the appellant. AMAN CHAUDHARY, J. (ORAL) The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘C seeking grant of leave to appeal against the judgment of acquittal 21.01.2025 passed by the learned JMIC, Pathankot 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. 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 CRM-A-409-2025 (O & M) Date of decision: 25.08.2025
Shriram Transport Finance Company Limited
....Applicant
...Respondent BLE MR. JUSTICE AMAN CHAUDHARY
Mr. G.S.Sandhu, Advocate, for the appellant.
The present application has 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 JMIC, Pathankot in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881
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 al 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. he 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 18:33 I attest to the accuracy and integrity of this
order/judgment.