Ashok Kumar v. Sunil Kumar Shah

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRA-AS-202-2022 (O&M) Date of decision: 25.08.2025 Ashok Kumar ....appellant

Versus

Sunil Kumar Shah

...Respondent

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

Mr. Bhim Singh, Advocate for the appellant Ms. Hasan Kaur, Advocate for the respondent ***** AMAN CHAUDHARY, J. (ORAL) 1.

The present appeal has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking grant of leave to appeal against the judgment of acquittal dated 20.11.2019 passed by the learned Judicial Magistrate 1st Class, Karnal 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.

25.08.2025 (AMAN CHAUDHARY) M.Kamra JUDGE Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2025.08.27 18:37 I attest to the accuracy and integrity of this document