Bhushan Power And Steel Limited v. M/S Dharamshi Metals Pvt Ltd And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 248(1 to 3) Decided on : 03.11.2025 CRM-A-2401-MA-2018 (O&M) BHUSHAN POWER AND STEEL LIMITED V/S M/S DHARAMSHI METALS PVT LTD AND ANOTHER CRM-A-2442-MA-2018 (O&M) BHUSHAN POWER AND STEEL LIMITED V/S M/S DHARAMSHI METALS PVT LTD AND ANOTHER CRM-A-2505-MA-2018 (O&M) BHUSHAN POWER AND STEEL LIMITED V/S M/S DHARAMSHI METALS PVT LTD AND ANOTHER CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Jagraj Singh & Mr. Vinish Singla, Advocates for the applicant/appellant.

Mr. G.S. Sandhu, Advocate, for the respondents. **** AMAN CHAUDHARY, J. (Oral) 1.

The present appeals have been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') against the judgments of acquittal dated 01.08.2018 passed by the learned Judicial Magistrate 1st Class, Chandigarh, in complaints 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 VISHAL VARDHAN 2025.10.29 18:07 I attest to the accuracy and integrity of this document

-2disposed 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-books and trial Court records, if received, along with the said order forthwith, while also informing the parties.

4.

Photocopy of this order be placed on the file(s) of connected case.

(AMAN CHAUDHARY) JUDGE November 03, 2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.10.29 18:07 I attest to the accuracy and integrity of this document