SURESH KUMAR vs DALJEET KAUR

IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 239 CRA-AS-165-2015 Date of Decision: 18.05.2026 SURESH KUMAR ... Petitioner VERSUS DALJEET KAUR ... Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY. **** Present: None. **** AMAN CHAUDHARY, J. (ORAL) 1. The present appeal has been filed against the judgment of acquittal dated 28.01.2015 passed by the learned Judicial Magistrate 1st Class, Anandpur Sahib 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 of competent jurisdiction for deciding it in accordance with law. RAJENDER KUMAR 2026.