IN THE HIGH COURT OF PUNJAB & HARYANA 229 M/S KALIA COMMISSION AGENT M/S JOSHI COMMISSION AGENT AND ANR CORAM: Present: MANJARI NEHRU KAUL, J.(ORAL) 1. leave to appeal against the judgment of acquittal passed in a complaint case instituted under Section (hereinafter referred to as, ‘NI Act’), whereby the complaint filed by the applicant was dismisse 2. proceedings is w complaint case under Section 138 of the NI Act can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant? 3. Vs. A. Gnanasekaran Etc. 2025 INSC 804 : 2025(3) RCR (Criminal) 208’ the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under Section 138 of the NI Act, qualifies as a ‘victim’ under Section 2(wa) of th to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the Cr.P.C., without the requirement of seeking 378(4) of the Cr.P.C IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: July 28 M/S KALIA COMMISSION AGENT Versus M/S JOSHI COMMISSION AGENT AND ANR HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Ms. Bindu Bala, Advocate for Mr. Vishal Munjal, Advocate for the applicant. MANJARI NEHRU KAUL, J.(ORAL) The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, ‘NI Act’), whereby the complaint filed by the applicant was dismissed and the accused was acquitted The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal passed in a complaint case under Section 138 of the NI Act can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant? The issue is no longer res integra Vs. A. Gnanasekaran Etc. 2025 INSC 804 : 2025(3) RCR (Criminal) 208’ the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under Section 138 of the NI Act, qualifies as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person who suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the Cr.P.C., without the requirement of seeking 378(4) of the Cr.P.C. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -A-298-MA-2016 Date of decision: July 28, 2025 ...Applicant M/S JOSHI COMMISSION AGENT AND ANR ...Respondents HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, ‘NI Act’), whereby the complaint filed by the d and the accused was acquitted. The limited question arising for consideration in the present hether an appeal against an order of acquittal passed in a complaint case under Section 138 of the NI Act can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant? res integra. In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 : 2025(3) RCR (Criminal) 208’, the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under Section 138 of the NI Act, qualifies as a ‘victim’ under e Cr.P.C., being the person who suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the Cr.P.C., without the requirement of seeking special leave under Section ...Applicant s The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, ‘NI Act’), whereby the complaint filed by the The limited question arising for consideration in the present hether an appeal against an order of acquittal passed in a complaint case under Section 138 of the NI Act can be entertained under the Celestium Financial , the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under Section 138 of the NI Act, qualifies as a ‘victim’ under e Cr.P.C., being the person who suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the special leave under Section Jaspreet Kaur 2025.07.29 10:53 I attest to the accuracy and integrity of this document Chandigarh CRM-A-298- 4. by the principle that procedural rule must serve and not obstruct the course of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C. 5. Financial's case (supra) cases including in off on 21.07.2025, the present that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign the same to an appropriate Court for disposal on merits, in a 6. appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon'ble Apex Court. 7. of the complete paper the learned Sessions Judge 8. July 28, 2025 Jaspreet Kaur -MA-2016 Adopting a pragmatic and justice oriented approach by the principle that procedural rule must serve and not obstruct the course of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of In view of the authoritative pronouncement in Financial's case (supra) and the view taken by this Court also in subsequent cases including in Rajat Deep v. Prince, CRM off on 21.07.2025, the present application is disposed of with a direction that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign the same to an appropriate Court for disposal on merits, in a The concerned Appellate Court shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon'ble Apex The Registry is directed to transmit this order along with copy of the complete paper-book and return the trial Court record, if received, to the learned Sessions Judge. Disposed of accordingly. , 2025 Whether speaking/reasoned Whether reportable -2- Adopting a pragmatic and justice oriented approach and guided by the principle that procedural rule must serve and not obstruct the course of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of In view of the authoritative pronouncement in M/s Celestium and the view taken by this Court also in subsequent Rajat Deep v. Prince, CRM-A-1320-MA-2016, disposed application is disposed of with a direction that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign the same to an appropriate Court for disposal on merits, in accordance with law. The concerned Appellate Court shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon'ble Apex cted to transmit this order along with copy book and return the trial Court record, if received, to (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No and guided by the principle that procedural rule must serve and not obstruct the course of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of M/s Celestium and the view taken by this Court also in subsequent , disposed application is disposed of with a direction that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign the The concerned Appellate Court shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon'ble Apex cted to transmit this order along with copy book and return the trial Court record, if received, to Jaspreet Kaur 2025.07.29 10:53 I attest to the accuracy and integrity of this document Chandigarh