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2025 DAILYLAW 95010 (PNJ)

HARPAL SINGH v. SUNIT KUMAR

CRA-AS/333/2024 · 2025-09-23

Aman Chaudhary

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT 235 HARPAL SINGH SUNIT KUMAR CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. acquittal dated 03.03.2011 Kurukshetra, Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’). 2. A. Gnanasekaran 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 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 3. Court record, if received, along with the said order forthwith, while also informing the parties. 23.09.2025 parveen kumar Whether speaking/reasoned : Yes / No Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA Date of decision HARPAL SINGH Versus SUNIT KUMAR CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Ivneet Singh Pabla, Advoca Mr. Ravinder Malik, Advocate, for the respondent. AMAN CHAUDHARY, J. (ORAL) Challenge in the present appeal is to the judgment of acquittal dated 03.03.2011 passed by learned Special Judicial Magistrate, Kurukshetra, in a complaint filed under Section 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 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 Court record, if received, along with the said order forthwith, while also informing the parties. Whether speaking/reasoned : Yes / No Whether reportable : Yes / No IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-AS-333-2024 (O & M) Date of decision: 23.09.2025 ....Appellant ...Respondent BLE MR. JUSTICE AMAN CHAUDHARY Advocate, for the appellant. Mr. Ravinder Malik, Advocate, for the respondent. Challenge in the present appeal is to the judgment of passed by learned Special Judicial Magistrate, in a complaint filed under Sections 138/142 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 the Court concerned for deciding it. Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also (AMAN CHAUDHARY) JUDGE PARVEEN KUMAR 2025.09.24 10:23 I attest to the accuracy and integrity of this order/judgment.