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2025 DAILYLAW 58979 (PNJ)

THE BAJRANG BALI CO-OPERATIVE (N.A) T AND C SOCIETY LTD. v. PURAN CHAND

CRA-AS/145/2024 · 2025-08-26

Aman Chaudhary

body2025

Judgment text

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IN THE HIGH COURT OF 231 The Bagrang Bali Co Puran Chand CORAM: HON'BLE Present : Mr. AMAN CHAUDHARY, J. (ORAL) 1. The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereina leave to appeal against the judgment of acquittal dated learned Judicial Magistrate 1 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI 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 Act, by treating the complainant Section 2 (wa) of C directing the concerned Sessions Judge, f Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it. 3. Registry is directed to send the complete paper record, if received, along with the said order forthwith parties. 26.08.2025 ashok Whether speaking/reasoned Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH The Bagrang Bali Co-operative (NA) T & C Society Ltd. Versus HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Mr. Ramesh Goyat, 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 (hereina leave to appeal against the judgment of acquittal dated learned Judicial Magistrate 1st Class, Bhiwani in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Hon’ble the Supreme Court in M/s Celestium Financial vs. A. 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 ‘victim’ within the meaning under 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 deciding 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 PUNJAB & HARYANA AT CHANDIGARH CRA-AS-145-2024 (O&M) Date of decision: 26.08.2025 operative (NA) T & C Society Ltd. ...applicant-appellant(s) ...Respondent(s) 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 09.12.2019 passed by the in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 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 or treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding 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 (AMAN CHAUDHARY) JUDGE Yes / No Yes / No appellant(s) The present application has been preferred under Section 378(4) of fter ‘Cr.P.C.’) seeking grant of passed by the in a complaint filed under Section M/s Celestium Financial vs. A. an appeal 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 or treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding book and trial Court while also informing the ASHOK KUMAR 2025.08.27 16:39 I attest to the accuracy and integrity of this document