Priya Garg @ Priya Jain v. M/S. Shineaura Auto And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 21.11.2025 (1) CRA-AS-116-2019 (O&M) Priya Garg @ Priya Jain vs M/S. Shineaura Auto LLP and Others (2) CRA-AS-119-2019 (O&M) Priya Garg @ Priya Jain vs M/S Shineaura Auto LLP and Others (3) CRA-AS-120-2019 (O&M) Priya Garg @ Priya Jain vs M/S Shineaura Auto LLP and Others (4) CRA-AS-122-2019 (O&M) Priya Garg @ Priya Jain vs M/S Shineaura Auto LLP and Others (5) CRA-AS-127-2019 (O&M) Priya Garg @ Priya Jain vs M/S Shineaura Auto LLP and Others (6) CRA-AS-129-2019 (O&M) Priya Garg @ Priya Jain vs M/S Shineaura Auto LLP and Others CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Rahul Dhanda, Advocate for Mr. H.S. Sandhu, Advocate the appellant ***** AMAN CHAUDHARY, J. (ORAL) 1.

The present appeals have been preferred against the judgments of acquittal dated 15.02.2018 passed by the learned Judicial Magistrate 1st Class, Chandigarh in the 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 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.

MOHIT 2025.11.21 16:05 I attest to the accuracy and integrity of this document

CRA-AS-116-2019 (O&M) along with other connected case -23.

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.

4.

 



         21.11.2025 (AMAN CHAUDHARY) M.Kamra JUDGE Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2025.11.21 16:05 I attest to the accuracy and integrity of this document