Vivek Choudhary vs The State Of Jharkhand & Anr. ... ... Opp. ...
2025 Latest Caselaw 6749 Jhar

Jharkhand High Court

Vivek Choudhary vs The State Of Jharkhand & Anr. ... ... Opp. ... on 7 November, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr.M.P. No. 2003 of 2019 (DB)
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Vivek Choudhary      ...                     Petitioner
                            Versus
The State of Jharkhand & Anr. ... ...          Opp. Parties
                            -------

CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

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For the Petitioner : Mr. Amit Kumar Das, Advocate For the Opp. Parties : Mr. Vijay Kr. Sinha, Advocate

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th Order No. 09 : Dated 7 November, 2025

1. It has been contended on behalf of petitioner that

although petition has been filed seeking leave to file appeal as

required under Section 374 of the Code of Criminal

Procedure, 1973 but after insertion of proviso to Section 374

of the Code of Criminal Procedure, there is no requirement to

seek leave, as required under section 374 of the Code of

Criminal Procedure, 1973, particularly in the present case

where the petitioner is the victim himself, as such he is

coming under the fold of definition of victim as defined under

section 2(wa) of the Code of Criminal Procedure.

2. It has further been contended that the petitioner is a

sufferer since due to dishonor of cheque it is the petitioner

who has suffered.

3. Learned counsel for the petitioner has relied upon the

judgment rendered by Hon'ble Apex Court in the case of

Celestium Financial Vs. A. Gnanesekaran and Ors.

(2025) SCC OnLine 1320 wherein it has been laid down particularly at paragraphs 7.6 and 7.7 that in a case of 138 of

N.I. Act, the sufferer since has sustained the loss and as such

he comes under the fold of victim as defined under section

2(wa) Cr.P.C., as such there is no need as to seek any leave.

4. Let notice be issued upon the respondent both by speed

post and ordinary process for which requisites etc. must be

filed within a week.

5. Notice is made returnable on 19.12.2025.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.) 7th November, 2025 Alankar/-