Supreme Court
Case Details
1. Appellant has filed the present application seeking grant of has filed the present application seeking grant of passed by the leave to appeal the judgment of acquittal dated 23.09.2014 passed by the leave to appeal the judgment of acquittal dated leave to appeal the judgment of acquittal dated learned Judicial Magistrate Ist Class, Kaithal learned Judicial Magistrate a Kaithal, in a case stemming from a complaint filed under Section 138 of the Negotiable Instruments Act, complaint filed under Section 138 of the Negotiable Instruments Act, complaint filed under Section 138 of the Negotiable Instruments Act, complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI 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 under Section 138 of the NI Act can be entertained under complaint case under Section 138 of the NI Act can be entertained under under Section 138 of the NI Act can be entertained under complaint case 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 , the Hon'ble Supreme Court authoritatively held that a (Criminal) 208’, the Hon'ble Supreme Court authoritatively held that a , the Hon'ble Supreme Court authoritatively held that a (Criminal) 208’ 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 RAJ KUMAR 2025.08.12 20:12 I attest to the accuracy and integrity of this document/judgment 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 -2- r of a cheque. Consequently, suffers financial loss due to the dishonour of a cheque. Consequently, suffers financial loss due to the dishonou suffers financial loss due to the dishonou such a complainant is entitled to pursue an appeal against acquittal under such a complainant is entitled to pursue an appeal against acquittal under such a complainant is entitled to pursue an appeal against acquittal under 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 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 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 4. c and justice oriented approach and Adopting a pragmatic and justice oriented approach and c and justice oriented approach and guided by the principle that procedural rule must serve and not obstruct guided by the principle that procedural rule must serve and not obstruct guided by the principle that procedural rule must serve and not obstruct 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 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 viso 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 , leave to appeal is remanded back to the learned Sessions Judge, Kaithal, leave to appeal is remanded back to the learned Sessions Judge, leave to appeal is remanded back to the learned Sessions Judge, with a direction to treat the same as appeal with a direction to treat the same as filed under Section 372 of the appeal filed under Section 372 of the Learned Sessions Judge may retain the said appeal on his/her Cr.P.C. Learned Sessions Judge may retain the said appeal on his/her Learned Sessions Judge may retain the said appeal on his/her Learned Sessions Judge may retain the said appeal on his/her Board or assign it to some other Court of competent jurisdiction. Board or assign it to some other Court of competent jurisdiction Board or assign it to some other Court of competent jurisdiction 6. his order along with The Registry is directed to transmit this order along with The Registry is directed to transmit t copy of the complete paper-book and return the copy of the complete paper 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 2025.08.12 20:12 I attest to the accuracy and integrity of this document/judgment