1. of leave to appeal passed by the learned complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’) 2. 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? 3. Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208’ complainant in a prosecution under Section 138 of the NI Act, qualifi as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person who The applicant has filed the present application of leave to appeal against the judgment of acquittal dated passed by the learned CJM, Tarn Taran complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’) The limited question arising for consider 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 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, qualifi as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person who The applicant has filed the present application seeking grant the judgment of acquittal dated 23.09.2019 CJM, Tarn Taran, in a case stemming from complaint filed under Section 138 of the Negotiable Instruments Act, 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 res integra. In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR , 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 seeking grant 23.09.2019 , in a case stemming from complaint filed under Section 138 of the Negotiable Instruments Act, ation 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 ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR , the Hon'ble Supreme Court authoritatively held that a es as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person who RAJ KUMAR 2025.08.13 20:15 I attest to the accuracy and integrity of this document/judgment 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 seeking special leave under Section 378(4) of the Cr.P.C 4. guided by the principle that procedural rule must serve and not obstruct the course of justice, this Cou present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C 5. Court in leave to appeal is remanded back to the Judge, with a direction to treat the same as of the Cr.P.C. his/her Board or assign it to some other Court of competent jurisdiction 6. copy of the complete paper received, to the learned Sessions Judge, concerned 7. 8. 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 378(4) of the Cr.P.C 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 the Cr.P.C. Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra), the pr leave to appeal is remanded back to the with a direction to treat the same as of the Cr.P.C. Learned Sessions Judge may retain the said appeal on his/her Board or assign it to some other Court of competent jurisdiction The Registry is directed to transmit this order along with copy of the complete paper-book and return the received, to the learned Sessions Judge, concerned Disposed of accordingly. Pending application, if any, also stands disposed of. -2- suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under .P.C., without the requirement of seeking special leave under Section 378(4) of the Cr.P.C. Adopting a pragmatic and justice oriented approach and guided by the principle that procedural rule must serve and not obstruct rt deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the Therefore, in view of the judgment rendered by the Apex , the present application seeking leave to appeal is remanded back to the concerned learned Sessions with a direction to treat the same as appeal filed under Section 372 Learned Sessions Judge may retain the said appeal on his/her Board or assign it to some other Court of competent jurisdiction. The Registry is directed to transmit this order along with book and return the trial Court record, if received, to the learned Sessions Judge, concerned. Pending application, if any, also stands disposed of. suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under .P.C., without the requirement of Adopting a pragmatic and justice oriented approach and guided by the principle that procedural rule must serve and not obstruct rt deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the Therefore, in view of the judgment rendered by the Apex esent application seeking learned Sessions filed under Section 372 Learned Sessions Judge may retain the said appeal on The Registry is directed to transmit this order along with d, if RAJ KUMAR 2025.08.13 20:15 I attest to the accuracy and integrity of this document/judgment