Supreme Court
Case Details
1. seeking grant The applicant has filed the present application seeking grant The applicant has filed the present application of leave to appeal against the judgment of acquittal dated of leave to appeal 25.02.2020 the judgment of acquittal dated 25.02.2020 passed by the learned JMIC, Bathinda passed by the learned , in a case stemming from Bathinda, in a case stemming from complaint dated 30.01.2017 filed under Section 138 of the Nego complaint tiable filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’) Instruments Act, 1881 (hereinafter ‘NI Act’) Instruments Act, 1881 (hereinafter ‘NI Act’) 2. The limited question arising for consideration in the present The limited question arising for consideration in the present The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal passed in a proceedings is whether an appeal against an order of acquittal passed in a proceedings is whether an appeal against an order of acquittal passed in a proceedings is whether an appeal against an order of acquittal passed in a entertained under complaint case under Section 138 of the NI Act can be entertained under complaint case under Section 138 of the NI Act can be complaint case under Section 138 of the NI Act can be the proviso to Section 372 of the Cr.P.C. at the instance of the the proviso to Section 372 of the Cr.P.C. at the instance of the the proviso to Section 372 of the Cr.P.C. at the instance of the the proviso to Section 372 of the Cr.P.C. at the instance of the complainant? complainant? 3. The issue is no longer res integra ‘M/s Celestium res integra. In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208’, the Hon'ble Supreme Co (Criminal) 208’ urt authoritatively held that a , the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under Section 138 of the NI Act, qualifies complainant in a prosecution under Section 138 of the NI Act, qualifies complainant in a prosecution under Section 138 of the NI Act, qualifies 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 as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person who as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person who 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, suffers financial loss due to the dishonour of a cheque. Consequently, suffers financial loss due to the dishonour of a cheque. Consequently, suffers financial loss due to the dishonour of a cheque. Consequently, plainant is entitled to pursue an appeal against acquittal under such a complainant is entitled to pursue an appeal against acquittal under plainant is entitled to pursue an appeal against acquittal under such a com the proviso to Section 372 of the Cr.P.C., without the requirement of the proviso to Section 372 of the Cr.P.C., without the requirement of the proviso to Section 372 of the Cr.P.C., without the requirement of the proviso to Section 372 of the Cr.P.C., without the requirement of RAJ KUMAR 2025.08.13 20:15 I attest to the accuracy and integrity of this document/judgment seeking special leave under Section 378(4) of the Cr.P.C. seeking special leave under Section 378(4) of the Cr.P.C seeking special leave under Section 378(4) of the Cr.P.C -2- 4. Adopting a pragmatic and justice oriented approach and Adopting a pragmatic and justice oriented approach and Adopting a pragmatic and justice oriented approach and ded by the principle that procedural rule must serve and not obstruct guided by the principle that procedural rule must serve and not obstruct ded by the principle that procedural rule must serve and not obstruct ded by the principle that procedural rule must serve and not obstruct the course of justice, this Court deems it appropriate to direct that the the course of justice, this Court deems it appropriate to direct that the the course of justice, this Court deems it appropriate to direct that the the course of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the present appeal be treated as one authoritatively instituted under the present appeal be treated as one authoritatively instituted under the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C. proviso to Section 372 of the Cr.P.C 5. Therefore, in view of the judgment rendered by the Apex Therefore, in view of the judgment rendered by the Apex Therefore, in view of the judgment rendered by the Apex , the present application seeking Court in Celestium Financial (supra), the present application seeking , the present application seeking Court in learned Sessions leave to appeal is remanded back to the concerned learned Sessions leave to appeal is remanded back to the leave to appeal is remanded back to the filed under Section 372 with a direction to treat the same as appeal filed under Section 372 with a direction to treat the same as Judge with a direction to treat the same as Learned Sessions Judge may retain the said appeal on of the Cr.P.C. Learned Sessions Judge may retain the said appeal on Learned Sessions Judge may retain the said appeal on of the Cr.P.C. his/her Board or assign it to some other Court of competent jurisdiction. his/her Board or assign it to some other Court of competent jurisdiction his/her Board or assign it to some other Court of competent jurisdiction 6. The Registry is directed to transmit this order along with The Registry is directed to transmit this order along with The Registry is directed to transmit this order along with copy of the complete paper-book and return the copy of the complete pap rial Court record, if book and return the trial Court record, if received, to the learned Sessions Judge, concerned. received, to the learned Sessions Judge, concerned received, to the learned Sessions Judge, concerned 7. 8.
Decision
Disposed of accordingly. Pending application, if any, also stands disposed of. Pending application, if any, also stands disposed of. RAJ KUMAR 2025.08.13 20:15 I attest to the accuracy and integrity of this document/judgment