$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 578/2014 APPAREL EXPORT PROMOTION COUNCIL .....Petitioner Through: Mr. Kuljeet Rawal and Mr. Aditya Joshi, Advocates. versus ULTRATRITEC APPARELS & ANR .....Respondents Through: Mr. Akshay Malik and Mr. Shivanshu Gusain, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 04.08.2025 1. The present leave to appeal under Section 378(4) of the Code of Criminal Procedure, 19731 assails judgment dated 6th June, 2014 passed by the Metropolitan Magistrate, Saket Courts, New Delhi in C.C. No. 3050/1 titled “Apparel Export Promotion v. M/s Ultrahitec Apparels & Ors” whereby the Respondents have been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 18812. 2. In a recent judgment in Celestium Financial v. A. Gnanasekaran Etc.,3, the Supreme Court has clarified the legal position regarding appeals against acquittals under Section 138 of NI Act and held that a complainant under Section 138, who suffers financial loss due to the dishonour of a 1 “Cr.P.C.” 2 “NI Act” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/08/2025 at 12:04:39 cheque, qualifies as a ‘victim’ under Section 2(wa) of Cr.P.C. Therefore, the Court ruled that such a complainant is entitled to benefit from the proviso to Section 372 of the Cr.P.C., to prefer an appeal against acquittal without having the need to obtain leave under Section 378(4) of the Cr.P.C. 3. In light of the Supreme Court’s recent clarification of the legal position, it is now evident that the Appellant, being a complainant under Section 138 of NI Act, is entitled to file an appeal against the impugned judgment of acquittal under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 20234 (previously Section 372 of the Cr.P.C.) before the Sessions Court. If this Court were to proceed to hear the leave to appeal at this stage, it could deprive the parties of an available forum for further challenge. 4. In light of the above, it is deemed fit to direct that the present petition be transferred to the concerned Appellate Court of Sessions and be considered as an appeal under the proviso to Section 413 of BNSS. Let the appeal be numbered accordingly. 5. The entire record of the present case, including the requisitioned copy of the Trial Court Record, is directed to be transferred to the concerned Appellate Court of Sessions. 6. Furthermore, considering that the petition has been pending for a considerable time, the concerned Sessions Court is requested to dispose of the matter as expeditiously as possible. 7. Parties are directed to appear before the Appellate Court of Sessions on 14th August, 2025. 8. A copy of the order be sent to the concerned Principal District and 3 2025 SCC OnLine SC 1320. 4 “BNSS” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/08/2025 at 12:04:39 Sessions Judge for necessary information, compliance and for listing of the matter before the concerned Appellate Court on 12th August, 2025. SANJEEV NARULA, J AUGUST 4, 2025 nk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/08/2025 at 12:04:39