Recently, the Punjab and Haryana High Court has clarified the route for appealing acquittals in cheque-bounce cases, directing that such appeals by complainants, recognised as “victims,” must be heard by the Sessions Court rather than the High Court. The direction aligns with a recent Supreme Court ruling that expanded the rights of complainants under Section 138 of the Negotiable Instruments Act, granting them a more direct and accessible avenue to challenge acquittals.
The case arose from an application by Jasvir Singh, who sought to challenge the acquittal of Satpal, also known as Vicky, by the Kalka trial court in a cheque-bounce complaint. Under Section 138 of the Negotiable Instruments Act, issuing a cheque that is dishonoured due to insufficient funds constitutes a criminal offence. Traditionally, Section 378(4) of the Code of Criminal Procedure required a private complainant to obtain the High Court’s permission before filing an appeal against an acquittal.
Jasvir Singh argued that a recent decision in M/s Celestium Financial vs A Gnanasekaran had changed the procedural requirements for cheque-bounce cases. The Apex Court recognised that complainants are “victims” of the offence, as they directly bear the financial loss when a cheque is dishonoured. Consequently, victims can appeal directly to the Sessions Court under Section 372 of the CrPC, without needing permission from the High Court. Singh submitted that this interpretation allows his appeal to be heard promptly at the Sessions Court level.
The trial court had acquitted the accused after assessing the evidence under Section 138 of the NI Act. The Court, in considering the procedural challenge, did not evaluate the merits of the acquittal but focused on ensuring the complainant’s rights are upheld in light of the Top Court’s recent clarification.
Justice Manisha Batra observed that “a person convicted of a crime can appeal as a matter of right, and the victim should enjoy a similar right.” She emphasised that in private complaints, where the State is not a party, complainants must have direct access to appeal mechanisms. The Court further noted that previous High Court decisions, including Satish Kumar vs Jugal Kishore, had followed this interpretation.
The Court directed that Singh’s appeal be transferred to the Sessions Judge, Panchkula, who may hear it or assign it to another competent court. The Registry was instructed to transfer the complete case record without delay. Jasvir Singh has been asked to appear before the Sessions Court on January 12, 2026. The Court clarified that it had not examined the merits of the acquittal itself.
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