M/S CELESTIUM FINANCIAL versus A. GNANASEKARAN ETC

M/S CELESTIUM FINANCIAL versus A. GNANASEKARAN ETC

A complainant in proceedings under s.138 NI Act is the aggrieved person who has suffered economic loss and thus qualifies as a "victim" under s.2(wa) CrPC; consequently such a complainant may, in his capacity as victim, prefer an appeal under the proviso to s.372 CrPC against an order of acquittal without seeking...

Source-derived case information.

Parties
Appellant: M/s Celestium Financial; Respondent: A. Gnanasekaran Etc.
Jurisdiction
India
Judgment Date
08 April 2025
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Order Dated 12.06.2024 Refusing Special Leave to Appeal Under S.378(4) Cr PC
Outcome
Appeals allowed
Legal Topics
Victim, Appeal, Proviso to S.372 Cr PC, S.378(4) Cr PC Special Leave, Section 138 NI Act, Dishonour of Cheque
Code of Criminal Procedure, 1973 Negotiable Instruments Act, 1881 Criminal Law Victim Appeal Proviso to S.372 Cr PC S.378(4) Cr PC Special Leave Section 138 NI Act +1 more

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Parties

M/s Celestium Financial

Appellant

A. Gnanasekaran Etc.

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Order Dated 12.06.2024 Refusing Special Leave to Appeal Under S.378(4) Cr PC

Legal Issues

  1. 1 Whether an appeal is maintainable under the proviso to s.372 CrPC against an order of acquittal in a case instituted upon a private complaint under s.138 NI Act by treating the complainant as a victim within s.2(wa) CrPC
  2. 2 Whether a complainant in a s.138 NI Act prosecution must obtain special leave under s.378(4) CrPC or may proceed as a victim under proviso to s.372 CrPC without such leave
  3. 3 Whether a complainant under s.138 NI Act qualifies as the victim for purposes of s.2(wa) CrPC and thus is entitled to appeal under the proviso to s.372

Ratio Decidendi

A complainant in proceedings under s.138 NI Act is the aggrieved person who has suffered economic loss and thus qualifies as a "victim" under s.2(wa) CrPC; consequently such a complainant may, in his capacity as victim, prefer an appeal under the proviso to s.372 CrPC against an order of acquittal without seeking special leave under s.378(4) CrPC. The High Court order refusing special leave is set aside and liberty granted to file appeal(s) under proviso to s.372 within four months.

Court Disposition

Appeals allowed

Orders

  • Impugned common order dated 12.06.2024 of the High Court set aside
  • Liberty reserved to the appellant to file the appeal(s) under the proviso to Section 372 CrPC within four months from date of judgment