Neha Jain v. State Of NCT & ANR.
$~19 to 23 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 551/2022 NEHA JAIN .....Petitioner Through:
Mr. Chirag Madan, Mr.
Sai Krishna Kumar, Mr.
Rahul Agarwal and Mr.
Ronit Bose, Advs.
versus STATE OF NCT & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for the State + CRL.L.P. 554/2022 NEHA JAIN .....Petitioner Through:
Mr. Chirag Madan, Mr.
Sai Krishna Kumar, Mr.
Rahul Agarwal and Mr.
Ronit Bose, Advs.
versus STATE OF NCT & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for the State + CRL.L.P. 555/2022 & CRL.M.A. 24967/2022 NEHA JAIN .....Petitioner Through:
Mr. Chirag Madan, Mr.
Sai Krishna Kumar, Mr.
Rahul Agarwal and Mr.
Ronit Bose, Advs.
versus STATE OF NCT & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for the State + CRL.L.P. 556/2022 & CRL.M.A. 24969/2022 NEHA JAIN .....Petitioner Through:
Mr. Chirag Madan, Mr.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Sai Krishna Kumar, Mr.
Rahul Agarwal and Mr.
Ronit Bose, Advs.
versus STATE OF NCT & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for the State + CRL.L.P. 557/2022 & CRL.M.A. 24971/2022 NEHA JAIN .....Petitioner Through:
Mr. Chirag Madan, Mr.
Sai Krishna Kumar, Mr.
Rahul Agarwal and Mr.
Ronit Bose, Advs.
versus STATE OF NCT & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for the State
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 25.07.2025 1.
The present leave to appeals are filed under Section 378 of the Code of Criminal Procedure, 1973 ('CrPC') against the judgements dated 29.08.2022, passed by the learned Metropolitan Magistrate ('MM'), Central District, Tis Hazari Courts, Delhi, whereby Respondent No. 2 was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') in CC Nos. 5873/2019, 10087/2018, 1967/2019, 10088/2018 and 1968/2019 respectively.
2.
At the outset, the learned counsel for the petitioner states that in view of the judgment of the Hon'ble Apex Court in the case of Celestium Financial v. A. Gnanasekaran : 2025 SCC OnLine SC 1320, the petitioner being a victim is entitled to file an appeal against the judgment of acquittal and is not required to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
seek leave to appeal. He submits that the present petitions be transferred to the learned Court of Sessions to be treated as appeals.
3.
The Hon'ble Apex Court in the recent decision in Celestium Financial v. A. Gnanasekaran (supra) 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 dishonour of cheque, and such a complainant qualifies as a victim within the meaning of Section 2(wa) of the CrPC. Consequently, it was held that such a complainant is entitled to the benefit of the proviso of Section 372 of the CrPC, enabling them to maintain an appeal against an order of acquittal without seeking leave to appeal under Section 378(4) of the CrPC. 4.
The petitioner was the complainant in the complaints preferred under Section 138 of the NI Act, thus is entitled to maintain appeals under Section 372 of the CrPC against the judgments of acquittal.
5.
In terms of proviso to Section 372, an appeal by a victim against the judgment of acquittal passed by the learned MM will have to be heard by the learned Court of Sessions. If the petitions are allowed to continue before this Court, the parties will stand to lose a forum of challenge.
6.
In view of the above, the present matters are disposed of with direction that the present petitions be treated as appeals under proviso to Section 372 of the CrPC and numbered accordingly.
7.
The Registry is directed to transfer entire record of the cases, including the requisitioned copies of Trial Court Records, to the concerned Appellate Court(s) of Sessions. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
The order be communicated to the learned Principal District & Sessions Judge for compliance and listing before the concerned Appellate Court(s) on 27.08.2025 9.
The parties are directed to appear before the learned Appellate Court(s) on 27.08.2025 10.
Considering that the matters have been pending before this Court since the year 2022, the learned Sessions Court(s) are requested to dispose of the matter expeditiously. 11.
A copy of this order be placed in all the matters. AMIT MAHAJAN, J JULY 25, 2025 'KDK'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.