IN THE HIGH COURT OF PUNJAB & HARYANA 214 M/S INDIRA FINANCIAL SERVICE LTD M/S SANTOSH ENTERPRISES AND CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. AMAN CHAUDHARY, J. (ORAL) 1. 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 dated learned Judicial Magistrate 1 Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. Hon’ble the Supreme Court Gnanasekaran Etc. under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 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. Registr record, if received, along with the said order forthwith parties. 19.09.2025 ashok Whether speaking/reasoned Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 19.09.2025 M/S INDIRA FINANCIAL SERVICE LTD Versus M/S SANTOSH ENTERPRISES AND ANR HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Mr. Shiv Kumar, Advocate for the applicant ***** AMAN CHAUDHARY, J. (ORAL) 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 dated learned Judicial Magistrate 1st Class, Faridabad, Section 138 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 tion 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 paper record, if received, along with the said order forthwith (AMAN CHAUDHARY) Whether speaking/reasoned : Yes / No Whether reportable : Yes / No IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-454-2021 Date of decision: 19.09.2025 ...applicant-appellant(s) ...Respondent(s) HON'BLE MR. JUSTICE AMAN CHAUDHARY , Advocate for the applicant-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 dated 18.01.2021 passed by the Faridabad, 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 under the proviso of Section 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 y is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the (AMAN CHAUDHARY) JUDGE Yes / No Yes / No appellant(s) The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking grant of passed by the in a complaint filed under M/s Celestium Financial vs. A. is maintainable under the proviso of Section 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 2025.09.19 17:18 I attest to the accuracy and integrity of this document