M/S Aggarwal Aluminum v. Advance Institute Of Technology And Management And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRA-AS-203-2017 (O&M) Date of decision: 11.12.2025 M/s Aggarwal Aluminium ....appellant

Versus

Advance Institute of Technology and Management and Another

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Suman Jain, Advocate for the appellant Ms. Tavleen Kaur, Advocate for Mr. Shiv Kumar, Advocate for the respondents ***** AMAN CHAUDHARY, J. (ORAL) 1.

The present appeal has been preferred against the judgment of acquittal dated 10.07.2015 passed by the learned Judicial Magistrate 1st Class, Palwal in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter 'NI Act').

2.

Hon'ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc., 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 complaint under Section 138 NI Act, by treating the complainant therein, 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 the Court concerned for deciding it.

3.

Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the parties.

11.12.2025 (AMAN CHAUDHARY) M.Kamra JUDGE Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2025.12.11 16:47 I attest to the accuracy and integrity of this document