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High Court of Punjab and Haryana · body

2025 DAILYLAW 94191 (PNJ)

MUKESH KUMAR v. KARAMJEET KAUR

CRM-A/1355/2024 · 2025-09-24

Aman Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA 234 MUKESH KUMAR KARAMJEET KAUR CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. AMAN CHAUDHARY, J. (ORAL) 1. The present application has been preferred under Section BNSS seeking grant of leave to appeal against the judgment of acquittal dated 21.08.2024 passed by the learned Judicial Magistrate 1 complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 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 acquittal pa Act, by treating the complainant Section 2 (wa) of C directing the concerned Sessions Judge, for treating it 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. 24.09.2025 ashok Whether speaking/reasoned Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH MUKESH KUMAR Versus KARAMJEET KAUR HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Mr. Naveen Gupta, Advocate for the applicant ***** AMAN CHAUDHARY, J. (ORAL) The present application has been preferred under Section seeking grant of leave to appeal against the judgment of acquittal dated passed by the learned Judicial Magistrate 1 complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). Hon’ble the Supreme Court in 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 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 Section 372 of Cr.P.C. and assigning the same to the Court concerned for 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 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-1355-2024 (O&M) Date of decision: 24.09.2025 …Applicant-appellant(s) ...Respondent(s) HON'BLE MR. JUSTICE AMAN CHAUDHARY , Advocate for the applicant-appellant. The present application has been preferred under Section 419 of seeking grant of leave to appeal against the judgment of acquittal dated passed by the learned Judicial Magistrate 1st Class, Ambala in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 in 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, ed in a complaint under Section 138 NI ‘victim’ within the meaning under 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 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 419 of seeking grant of leave to appeal against the judgment of acquittal dated in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 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 to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for book and trial Court e also informing the ASHOK KUMAR 2025.09.24 18:22 I attest to the accuracy and integrity of this document