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Punjab and Haryana HC sends cheque-bounce acquittal challenge to Sessions Court after new SC ruling

The order applies the Supreme Court’s interpretation that cheque-bounce complainants are ‘victims’ entitled to appeal without the high court’s leave.

The related appeal has been transferred to the Panchkula Sessions Court for hearing on January 12, 2026.The Punjab and Haryana High Court has ruled that cheque-bounce complainants can appeal acquittals directly before the Sessions Court as “victims”, following a recent Supreme Court judgment.

The Punjab and Haryana High Court Monday sent a challenge to an acquittal in a cheque-bounce case to the Sessions Court in Panchkula, holding that such appeals must now be heard by the Sessions Court rather than the high court. The direction follows a recent Supreme Court ruling that expanded the right of complainants in cheque-bounce cases to appeal as “victims”.

The case involved an application filed by Jasvir Singh. He wanted the high court’s permission to appeal against a July 1, 2023, order of a Kalka trial court that had acquitted Satpal, also known as Vicky, in a complaint under Section 138 of the Negotiable Instruments Act. This provision makes it a criminal offence to issue a cheque that is dishonoured due to insufficient funds.

Singh had approached the high court under Section 378(4) of the Code of Criminal Procedure. This provision requires a private complainant to first obtain the high court’s leave before appealing against an acquittal. But during the hearing, his counsel cited a new Supreme Court judgment in the ‘M/s Celestium Financial vs A Gnanasekaran’ case, delivered earlier this year, which changed the legal position.

In that ruling, the Supreme Court held that the complainant in a cheque-bounce case is a “victim” of the offence because they directly suffer the loss when the cheque is dishonoured. Under a 2009 amendment to the CrPC, victims can appeal an acquittal directly before the Sessions Court without needing permission from the high court. The Supreme Court said this right cannot be limited by conditions that apply to the State or to private complainants who otherwise need the high court’s leave.

The court said a person convicted of a crime can appeal as a matter of right, and the victim should enjoy a similar right. It noted that cheque-bounce cases are private complaints and the State is not involved, so the complainant must have a direct route for appeal.

Relying on this, Justice Manisha Batra held that Singh’s appeal should be treated as a victim’s appeal under Section 372 of the CrPC. She noted that the high court had recently applied this interpretation in the ‘Satish Kumar vs Jugal Kishore’ case, among others.

The high court, therefore, ordered that Singh’s appeal be sent to the Sessions Judge, Panchkula, who may hear it or assign it to another competent court. The high court said it had not examined the merits. Singh has been asked to appear before the Sessions Court on January 12, 2026. The Registry has been told to transfer the entire case record without delay.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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