IN THE HIGH COURT OF PUNJAB & HARYANA AT 235 SURAJ BHAN M/S SHRI HAR CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. acquittal dated Magistrate, Kaithal, 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 Sectio 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 deciding it. 3. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA Date of decision SURAJ BHAN Versus M/S SHRI HAR-HAR MAHADEV RICE MILLS AND ANR CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Jitesh Rana, Advocate for Mr. V.S.Rana, Advocate, for the appellant. Mr. Sandeep Kotla, Advocate, fo AMAN CHAUDHARY, J. (ORAL) The present appeal has been filed acquittal dated 22.07.2015 passed by the learned Magistrate, Kaithal, 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 Sectio 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 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-AS-281-2023 (O & M) Date of decision: 17.09.2025 ....Applicant MAHADEV RICE MILLS AND ANR ...Respondents BLE MR. JUSTICE AMAN CHAUDHARY Jitesh Rana, Advocate for V.S.Rana, Advocate, for the appellant. Mr. Sandeep Kotla, Advocate, for respondents No.1 and 2. appeal has been filed against the judgment of passed by the learned Addl. Chief 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 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-book and trial PARVEEN KUMAR 2025.09.18 18:02 I attest to the accuracy and integrity of this order/judgment. CRA-AS-281-2023 -2- Court record, if received, along with the said order forthwith, while also informing the parties. 17.09.2025 (AMAN CHAUDHARY) parveen kumar JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No PARVEEN KUMAR 2025.09.18 18:02 I attest to the accuracy and integrity of this order/judgment.