Bobi v. Devender Kumar & ANR. & ORS.

$~12 to 14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 205/2025 BOBI .....Appellant Through:

Mr. G.D. Kathuria, Adv.

versus DEVENDER KUMAR & ANR. & ORS. .....Respondents Through:

+ CRL.A. 206/2025 BOBI .....Appellant Through:

Mr. G.D. Kathuria, Adv.

versus DEVENDER KUMAR & ANR. & ORS. .....Respondents Through:

+ CRL.A. 207/2025 BOBI .....Appellant Through:

Mr. G.D. Kathuria, Adv.

versus DEVENDER KUMAR & ANR.

.....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 13.08.2025 1.

The present appeals are filed against the judgments dated 22.03.2022, passed by the learned Metropolitan Magistrate ('MM'), N.I. Act-06, Central, Tis Hazari Courts, Delhi, whereby Respondent No. 1 was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') in CC Nos. 14398/2017, 7874/2017 & 10923/2017 respectively. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

Recently, the Hon'ble Apex Court in the case Celestium Financial v. A. Gnanasekaran : 2025 SCC OnLine SC 1320 has opined that a complainant who prefers a complaint under Section 138 of the NI Act is an aggrieved party who suffers economic loss due to the dishonour of cheque, and such a complainant qualifies as a victim within the meaning of Section 2(wa) of the Code of Criminal Procedure, 1973 ('CrPC'). Consequently, it was held that such a complainant is entitled to the benefit of the proviso of Section 372 of the CrPC [corresponding to Section 413 of the Bharatiya Nyaya Suraksha Sanhita, 2023 ('BNSS')], enabling them to maintain an appeal against an order of acquittal without seeking leave to appeal under Section 378(4) of the CrPC.

3.

The appellant was the complainant in the complaints preferred under Section 138 of the NI Act, and is thus entitled to maintain appeals under Section 413 of the BNSS. 4.

However, in terms of the proviso to Section 413 of the BNSS, an appeal by a victim against the judgment of acquittal passed by the learned Magistrate will have to be heard by the learned Court of Sessions. If the appeals are allowed to continue before this Court, the parties will stand to lose a forum of challenge.

5.

In view of the above, the present matters are disposed of with direction that the present appeals be transferred to the learned Court of Sessions for adjudication.

6.

The Registry is directed to transfer entire record of the case to the concerned appellate Court of Sessions. 7.

The order be communicated to the learned Principal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

District & Sessions Judge, Central, Tis Hazari Courts, Delhi for compliance and listing before the concerned Appellate Court on 18.09.2025.

8.

The parties are directed to appear before the concerned Appellate Court on 18.09.2025.

9.

A copy of this order be placed in all the matters. AMIT MAHAJAN, J AUGUST 13, 2025 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.