Ravi Kumar Dhawan vs Rajat Dhawan
2025 Latest Caselaw 6280 P&H

Punjab-Haryana High Court

Ravi Kumar Dhawan vs Rajat Dhawan on 16 December, 2025

CRM-A-1696-2024                  1

282    IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                            CRM-A-1696-2024
                            Date of Decision: 16.12.2025

RAVI KUMAR DHAWAN                                         ......... Applicant
                                     Versus
RAJAT DHAWAN                                               ..... Respondent

CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR

Present :   None.

            ****
YASHVIR SINGH RATHOR, J. (Oral)

1. Today, lawyers are abstaining from work.

2. The applicant has filed the present application seeking grant

of leave to appeal against the judgment of acquittal passed in a complaint

case instituted under Section 138 of the Negotiable Instruments Act, 1881

(hereinafter referred to as, 'NI Act'), whereby the complaint filed by the

applicant was dismissed and the accused was acquitted.

3. The limited question arising for consideration in the present

proceedings is whether an appeal against an order of acquittal passed in a

complaint case under Section 138 of the NI Act can be entertained under

the proviso to Section 372 of the Cr.P.C. at the instance of the

complainant?

4. The issue is no longer res integra. In 'M/s Celestium

Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR

(Criminal) 208', the Hon'ble Supreme Court authoritatively held that a

complainant in a prosecution under Section 138 of the NI Act, qualifies

as a 'victim' under Section 2(wa) of the Cr.P.C., being the person who

suffers financial loss due to the dishonour of a cheque. Consequently,

such a complainant is entitled to pursue an appeal against acquittal under

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the proviso to Section 372 of the Cr.P.C., without the requirement of

seeking special leave under Section 378(4) of the Cr.P.C.

5. Adopting a pragmatic and justice-oriented approach and

guided by the principle that procedural rule must serve and not obstruct

the course of justice, this Court deems it appropriate to direct that the

present appeal be treated as one authoritatively instituted under the

proviso to Section 372 of the Cr.P.C.

6. In view of the authoritative pronouncement in M/s Celestium

Financial's case (supra), the present application is disposed of with a

direction that the learned Sessions Judge concerned shall treat the present

appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C.

and assign the same to an appropriate Court for disposal on merits, in

accordance with law.

7. The concerned Appellate Court shall proceed to decide the

appeal expeditiously, without being impeded by any delay in filing the

appeal, in view of the legal position now clarified by the Hon'ble Apex

Court.

8. The Registry is directed to transmit this order along with

copy of the complete paper book and return the trial Court record, if

received, to the learned Sessions Judge.

9. Pending misc. application (s), if any, shall also stand

disposed of.

(YASHVIR SINGH RATHOR) JUDGE 16.12.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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