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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Surya Partap Singh, J
UCO Bank – Appellant
Versus
Manish Kumar – Respondent
| Table of Content |
|---|
| 1. complainant's right to appeal against acquittal (Para 1) |
| 2. legal question on appealability (Para 2) |
| 3. judicial interpretation of victim status (Para 3 , 4) |
| 4. guiding principles of procedural justice (Para 5) |
| 5. final ruling and court disposal (Para 6 , 7 , 8) |
SURYA PARTAP SINGH , J (ORAL)
1. The applicant has filed the present application seeking leave to appeal against the judgment of acquittal, passed in a complaint case instituted under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’), whereby, a complaint filed by the applicant was dismissed and the accused was acquitted.
2. The limited question arising for consideration in the present proceedings is whether an appeal against a judgment of acquittal passed by the Court of learned Judicial Magistrate First Class, Jind, in a complaint case, with regard to commission of offence punishable under Section 138 of NI Act, can be entertained at the instance of complainant under the proviso to Section 372 of the Cr.P.C .?
3. 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 a
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