26.08.2025 Arjinder Kaur Arjinder Kaur v. Nirmaljit Kaur & others Nirmaljit Kaur & others
Case Details
(O&M) CRM-A-209-2020 (O&M) FOR THE STATES OF PUNJAB & HARYANA IN THE HIGH COURT IN THE HIGH COURT FOR THE STATES AT CHANDIGARH AT CHANDIGARH ( 1 ) CRM Date of Decision: M-A-209-2020 (O&M) ate of Decision: 26.08.2025 Arjinder Kaur Arjinder Kaur … Appellant Versus Nirmaljit Kaur & others Nirmaljit Kaur & others ... Respondents CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. H.S.Randhawa, Advocate, for the appellant. Mr. Veneet Sharma, Advocate, for respondents No.1 to 3. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. The instant appeal has been instant appeal has been preferred by the complainant Arjinder Kaur by the complainant – Arjinder Kaur assailing judgment dated 23.10.2019 passed by the learned assailing judgment dated Judicial 23.10.2019 passed by the learned Judicial Magistrate Ist Class, Patti, whereby her complaint under Sections Magistrate Ist 326, 323, Class, Patti, whereby her complaint under Sections 326, 323, filed against the respondents has been dismissed and 324, 506, 148, 149 IPC filed against the respondents has been dismissed and filed against the respondents has been dismissed and 324, 506, 148, 149 IPC consequently, all the respondents have been acquitted of all the charges consequently, all the respondents have been acquitted of all the charges consequently, all the respondents have been acquitted of all the charges consequently, all the respondents have been acquitted of all the charges framed against them. framed against them. 2.
Legal Reasoning
This Court in Dharampal Vs. State of Haryana & others This Court MA- Dharampal Vs. State of Haryana & others, (CRM-A-489-MA 2017 decided on 11.08.2025) and Mahender Singh Vs. Sumesh Pal 2017 decided on 11.08.2025) and A- Mahender Singh Vs. Sumesh Pal (CRM-A 192-2020 decided on 08.08.2025) 2020 decided on 08.08.2025) while following the judgment in M/s while following the judgment in M/s Celestium Financial’s case (supra) has ordered for Celestium Financial’s the complete has ordered for transmitting the complete VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRM-A-209-2020 (O&M) ( 5 ) paper-books and record of appeal books and record of appeal/s arising out of complaint , which had s arising out of complaint/s, which had been instituted in this Court alongwith an application for leave to file an been instituted in this Court alongwith an application for leave to file an been instituted in this Court alongwith an application for leave to file an been instituted in this Court alongwith an application for leave to file an appeal. 7. The instant case had arisen out of a private complaint instituted in the Court The instant case had arisen out of a private complaint instituted in the Court The instant case had arisen out of a private complaint instituted in the Court The instant case had arisen out of a private complaint instituted in the Court of learned Magistrate, wherein the Magistrate recorded the findings of of learned Magistrate, wherein the Magistrate recorded the findings of of learned Magistrate, wherein the Magistrate recorded the findings of of learned Magistrate, wherein the Magistrate recorded the findings of acquittal of all the accused. Consequently, in terms of ratio of Hon’ble acquittal of all the accused. Consequently, in terms of ratio of Hon’ble acquittal of all the accused. Consequently, in terms of ratio of Hon’ble acquittal of all the accused. Consequently, in terms of ratio of Hon’ble Supreme Court judgment in M/s Celestium Financial’s Supreme Court judgment in , the lestium Financial’s case (supra), the complainant has to be treated as a ‘victim’ and resultantly would have a right complainant has to be treated as a ‘victim’ and resultantly would have a right complainant has to be treated as a ‘victim’ and resultantly would have a right complainant has to be treated as a ‘victim’ and resultantly would have a right in terms of Section 372 Cr.P.C. to file an appeal to the Court where an appeal in terms of Section 372 Cr.P.C. to file an appeal to the Court where an appeal in terms of Section 372 Cr.P.C. to file an appeal to the Court where an appeal in terms of Section 372 Cr.P.C. to file an appeal to the Court where an appeal against conviction would be maintainable. against conviction would 8. Since, in cas e the accused had been convicted, it is the Court of Sessions in case the accused had been convicted, it is the Court of Sessions e the accused had been convicted, it is the Court of Sessions an appeal against acquittal where an appeal would have been maintainable, an appeal against acquittal where an appeal would have been maintainable, where an appeal would have been maintainable, would be maintainable before the same Court of Sessions. would be maintainable before Rather, Section the same Court of Sessions. Rather, Section 372 Cr.P.C. vests the victim with an ab 372 Cr.P.C. vests the victim with a nstitute appeal, bsolute right to institute appeal the complainant is required to seek leave whereas under Section 378 Cr.P.C., the complainant is required to seek leave the complainant is required to seek leave whereas under Section 378 Cr.P.C., Accordingly, the Registry is directed to transmit the complete file to appeal. Accordingly, the Registry is directed to transmit the complete file Accordingly, the Registry is directed to transmit the complete file Accordingly, the Registry is directed to transmit the complete file of the instant appeal alongwith its record, if any, to the Court of Sessions at of the instant appeal alongwith its record, if any, to the Court of Sessions at of the instant appeal alongwith its record, if any, to the Court of Sessions at of the instant appeal alongwith its record, if any, to the Court of Sessions at Tarn Taran Learned Sessions Judge concerned shall either try the appeal rn Taran. Learned Sessions Judge concerned shall either try the appeal Learned Sessions Judge concerned shall either try the appeal , as himself or entrust the same to any other Court competent to hear appeal, as himself or entrust the same to any other Court himself or entrust the same to any other Court deemed appropriate. deemed appropriate. 9.
Arguments
Today, at the very outset, learned counsel for the appellant Today, at the very o while referring to utset, learned counsel for the appellant while referring to judgment of Hon’ble Apex Court in M/s Celestium Financial Vs. A. judgment of Hon’ble Apex Court in M/s Celestium Financial Vs. A. M/s Celestium Financial Vs. A. submitted that in view of the Gnanasekaran, 2025 (3) RCR (Criminal) 208, submitted that in view of the Gnanasekaran, 2025 (3) RCR (Criminal) 208 Gnanasekaran, 2025 (3) RCR (Criminal) 208 transmitted to the law laid down in the said judgment, the instant appeal be transmitted to the law laid down in the said judgment, the instant appeal be law laid down in the said judgment, the instant appeal be Court of Sessions at Tarn Taran. Court of Sessions at We have considered the aforesaid submission. 3. We have considered the aforesaid submission. We have considered the aforesaid submission. VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRM-A-209-2020 (O&M) ( 2 ) 4. t is apposite to bear in Before proceeding to examine the cited judgment, it is apposite to bear in Before proceeding to examine the cited judgment, i Before proceeding to examine the cited judgment, i which are reproduced mind the provisions of Section 372 and 378 Cr.P.C., which are reproduced mind the provisions of Section 372 and 378 Cr.P.C., mind the provisions of Section 372 and 378 Cr.P.C., herein under under: No appeal shall lie from any No appeal to lie unless otherwise provided.— No appeal shall lie from any “372. No appeal to lie unless otherwise provided No appeal to lie unless otherwise provided judgment or order of a Criminal Court except as provided for by this Code judgment or order of a Criminal Court except as provided for by this Code judgment or order of a Criminal Court except as provided for by this Code judgment or order of a Criminal Court except as provided for by this Code by any other law for the time being in force: by any other law for the time being in force: by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal Provided that against any ictim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser order passed by the Court acquitting the accused or convicting for a lesser order passed by the Court acquitting the accused or convicting for a lesser order passed by the Court acquitting the accused or convicting for a lesser and such appeal shall lie to offence or imposing inadequate compensation, and such appeal shall lie to offence or imposing inadequate compensation, offence or imposing inadequate compensation, nst the order of conviction the Court to which an appeal ordinarily lies against the order of conviction the Court to which an appeal ordinarily lies agai the Court to which an appeal ordinarily lies agai of such Court. of such Court. xxx xxx xxx 378. Appeal in case of acquittal Appeal in case of acquittal.—(1) Save as otherwise provided in sub section (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub- (2), and subject to the provisions of sub -sections (3) and (5),— (a) District Magistrate may, in any case, direct the Public Prosecutor the District Magistrate may, in any case, direct the Public Prosecutor District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal to present an appeal to the Court of Session from an order of acquittal to present an appeal to the Court of Session from an order of acquittal bailable passed by a Magistrate in respect of a cognizable and non bailable passed by a Magistrate in respect of a cognizable and non offence; (b) se, direct the Public Prosecutor the State Government may, in any case, direct the Public Prosecutor the State Government may, in any ca to present an appeal to the High Court from an original or appellate to present an appeal to the High Court from an original or appellate to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not order of acquittal passed by any Court other than a High Court not order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the being an order under clause (a) or an order of acquittal passed by the being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in any case in which the offence has If such an order of acquittal is passed in any case in which the offence has If such an order of acquittal is passed in any case in which the offence has If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted been investigated by the Delhi Special Police Establishment constituted been investigated by the Delhi Special Police Establishment constituted been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by ke investigation into an offence under any other agency empowered to make investigation into an offence under ke investigation into an offence under any other agency empowered to ma any Central Act other than this Code, the Central Government may, subject any Central Act other than this Code, the Central Government may, subject any Central Act other than this Code, the Central Government may, subject any Central Act other than this Code, the Central Government may, subject section (3), also direct the Public Prosecutor to to the provisions of sub-section (3), also direct the Public Prosecutor to section (3), also direct the Public Prosecutor to to the provisions of sub present an appeal— present an appeal (a) quittal passed by a to the Court of Session, from an order of acquittal passed by a to the Court of Session, from an order of ac Magistrate in respect of a cognizable and non-bailable offence; Magistrate in respect of a cognizable and non VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRM-A-209-2020 (O&M) ( 3 ) (b) to the High Court from an original or appellate order of an acquittal to the High Court from an original or appellate order of an acquittal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under passed by any Court other than a High Court not being an order under passed by any Court other than a High Court not being an order under quittal passed by the Court of Session in clause (a) or an order of acquittal passed by the Court of Session in quittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub No appeal to the High Court under sub-section (1) or sub section (2) shall be section (1) or sub-section (2) shall be entertained except with the leave of the High Court. entertained except with the leave of the High Court. entertained except with the leave of the High Court. (4) upon complaint If such an order of acquittal is passed in any case instituted upon complaint If such an order of acquittal is passed in any case instituted If such an order of acquittal is passed in any case instituted and the High Court, on an application made to it by the complainant in this and the High Court, on an application made to it by the complainant in this and the High Court, on an application made to it by the complainant in this and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the behalf, grants special leave to appeal from the order of acquittal, the behalf, grants special leave to appeal from the order of acquittal, the behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. complainant may present such an appeal to the High Court complainant may present such an appeal to the High Court (5) No application under sub on (4) for the grant of special leave to appeal No application under sub-section (4) for the grant of special leave to appeal on (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the from an order of acquittal shall be entertained by the High Court after the from an order of acquittal shall be entertained by the High Court after the from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty expiry of six months, where the complainant is a public servant, and sixty expiry of six months, where the complainant is a public servant, and sixty expiry of six months, where the complainant is a public servant, and sixty order of acquittal. days in every other case, computed from the date of that order of acquittal. days in every other case, computed from the date of that days in every other case, computed from the date of that (6) section (4) for the grant of special If, in any case, the application under sub-section (4) for the grant of special If, in any case, the application under sub If, in any case, the application under sub , no appeal from that leave to appeal from an order of acquittal is refused, no appeal from that leave to appeal from an order of acquittal is refused leave to appeal from an order of acquittal is refused order of acquittal shall lie under sub-section (1) or under subsection (2). order of acquittal shall lie under sub section (1) or under subsection (2).” 5. Hon’ble Apex Court in M/s Celestium Financial’s Hon’ble Apex Court in while M/s Celestium Financial’s case (supra) while interpreting Sections 372 and 378(4) Cr.P.C. interpreting Sections held that the complainant in a 372 and 378(4) Cr.P.C. held that the complainant in a private complaint has to be treated as a ‘victim’ and consequently, in terms of private complaint has to be treated as a ‘victim’ and consequently, in terms of private complaint has to be treated as a ‘victim’ and consequently, in terms of private complaint has to be treated as a ‘victim’ and consequently, in terms of .P.C. has a right to file an appeal. The relevant provisions of Section 372 Cr.P.C. has a right to file an appeal. The relevant .P.C. has a right to file an appeal. The relevant provisions of Section 372 Cr extract from the cited judgment is reproduced herein extract from the cited judgment is reproduced herein under: , the victim of a crime must have an absolute right to prefer an Firstly, the victim of a crime must have an absolute right to prefer an , the victim of a crime must have an absolute right to prefer an “Firstly appeal which cannot be circumscribed by any condition precedent. In the appeal which cannot be circumscribed by any condition precedent. In the appeal which cannot be circumscribed by any condition precedent. In the appeal which cannot be circumscribed by any condition precedent. In the instant case, a victim under Section 138 of the Act, i.e., a payee or the holder instant case, a victim under Section 138 of the Act, i.e., a payee or the holder instant case, a victim under Section 138 of the Act, i.e., a payee or the holder instant case, a victim under Section 138 of the Act, i.e., a payee or the holder fered the impact of the offence of 47 a cheque is a person who has suffered the impact of the offence of 47 a cheque is a person who has suf of 47 a cheque is a person who has suf committed by a person who is charged of the offence, namely, the accused, committed by a person who is charged of the offence, namely, the accused, committed by a person who is charged of the offence, namely, the accused, committed by a person who is charged of the offence, namely, the accused, whose cheque has been dishonoured. whose cheque has been dishonoured. , the right of a victim of a crime must be placed on par with the Secondly, the right of a victim of a crime must be placed on par with the , the right of a victim of a crime must be placed on par with the Secondly nviction, who, as a matter of right right of an accused who has suffered a conviction, who, as a matter of right right of an accused who has suffered a co right of an accused who has suffered a co C. A person convicted of can prefer an appeal under Section 374 of the Cr.P.C. A person convicted of can prefer an appeal under Section 374 of the Cr can prefer an appeal under Section 374 of the Cr a crime has the right to prefer an appeal under Section 374 as a matter of a crime has the right to prefer an appeal under Section 374 as a matter of a crime has the right to prefer an appeal under Section 374 as a matter of a crime has the right to prefer an appeal under Section 374 as a matter of VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRM-A-209-2020 (O&M) ( 4 ) of a right and not being subjected to any conditions. Similarly, a victim of a right and not being subjected to any conditions. Similarly, a victim right and not being subjected to any conditions. Similarly, a victim crime, whatever be the nature of the crime, unconditionally must have a right crime, whatever be the nature of the crime, unconditionally must have a right crime, whatever be the nature of the crime, unconditionally must have a right crime, whatever be the nature of the crime, unconditionally must have a right to prefer an appeal. to prefer an appeal. , it is for this reason that the Parliament thought it fit to insert the Thirdly, it is for this reason that the Parliament thought it fit to insert the , it is for this reason that the Parliament thought it fit to insert the Thirdly section 372 without mandating any condition precedent to proviso to sub-section 372 without mandating any condition precedent to proviso to sub be fulfilled by the victim of an offence, which expression also includes the legal fulfilled by the victim of an offence, which expression also includes the legal fulfilled by the victim of an offence, which expression also includes the legal fulfilled by the victim of an offence, which expression also includes the legal representatives of a deceased victim who can prefer an appeal. On the representatives of a deceased victim who can prefer an appeal. On the representatives of a deceased victim who can prefer an appeal. On the representatives of a deceased victim who can prefer an appeal. On the contrary, as against an order of acquittal, the State, through the Public contrary, as against an order of acquittal, the State, through the Public contrary, as against an order of acquittal, the State, through the Public contrary, as against an order of acquittal, the State, through the Public eal 48 even if the complainant does not prefer Prosecutor can prefer an appeal 48 even if the complainant does not prefer eal 48 even if the complainant does not prefer Prosecutor can prefer an app such an appeal, though of course such an appeal is with the leave of the such an appeal, though of course such an appeal is with the leave of the such an appeal, though of course such an appeal is with the leave of the such an appeal, though of course such an appeal is with the leave of the court. However, it is not always necessary for the State or a complainant to court. However, it is not always necessary for the State or a complainant to court. However, it is not always necessary for the State or a complainant to court. However, it is not always necessary for the State or a complainant to prefer an appeal, prefer an appeal. But when it comes to a victim’s right to prefer an appeal, prefer an appeal. But when it comes to a victim’s right to prefer an appeal. But when it comes to a victim’s right to the insistence on seeking special leave to appeal from the High Court under the insistence on seeking special leave to appeal from the High Court under the insistence on seeking special leave to appeal from the High Court under the insistence on seeking special leave to appeal from the High Court under would be contrary to what has been intended Section 378(4) of the Cr.P.C. would be contrary to what has been intended would be contrary to what has been intended Section 378(4) of the Cr C. by the Parliament by insertion of the proviso to Section 372 of the Cr.P.C. by the Parliament by insertion of the proviso to Section 372 of the Cr by the Parliament by insertion of the proviso to Section 372 of the Cr he Parliament has not amended Section 378 to circumscribe the Fourthly, the Parliament has not amended Section 378 to circumscribe the he Parliament has not amended Section 378 to circumscribe the Fourthly victim’s right to prefer an appeal just as it has with regard to a complainant victim’s right to prefer an appeal just as it has with regard to a complainant victim’s right to prefer an appeal just as it has with regard to a complainant victim’s right to prefer an appeal just as it has with regard to a complainant or the State filing an appeal. On the other hand, the Parliament has inserted or the State filing an appeal. On the other hand, the Parliament has inserted or the State filing an appeal. On the other hand, the Parliament has inserted or the State filing an appeal. On the other hand, the Parliament has inserted nvisage a superior right for the victim of the proviso to Section 372 so as to envisage a superior right for the victim of nvisage a superior right for the victim of the proviso to Section 372 so as to e an offence to prefer an appeal on the grounds mentioned therein as compared an offence to prefer an appeal on the grounds mentioned therein as compared an offence to prefer an appeal on the grounds mentioned therein as compared an offence to prefer an appeal on the grounds mentioned therein as compared to a complainant. to a complainant. , the involvement of the State in respect of an offence under Section Fifthly, the involvement of the State in respect of an offence under Section , the involvement of the State in respect of an offence under Section Fifthly nce. This is because the complaint 138 of the Act is conspicuous by its absence. This is because the complaint 138 of the Act is conspicuous by its abse 138 of the Act is conspicuous by its abse filed under that provision is in the nature of a private complaint as per 49 filed under that provision is in the nature of a private complaint as per 49 filed under that provision is in the nature of a private complaint as per 49 filed under that provision is in the nature of a private complaint as per 49 and Section 143 of the Act by an express Section 200 of the Cr.P.C. and Section 143 of the Act by an express and Section 143 of the Act by an express Section 200 of the Cr intention incorporates the provisions of the Cr.P.C. in the matter of trial intention incorporates the provisions of the Cr intention incorporates the provisions of the Cr in the matter of trial of such a deemed offence tried as a criminal offence. Therefore, the such a deemed offence tried as a criminal offence. Therefore, the such a deemed offence tried as a criminal offence. Therefore, the such a deemed offence tried as a criminal offence. Therefore, the complainant, who is the victim of a dishonour of cheque must be construed complainant, who is the victim of a dishonour of cheque must be construed complainant, who is the victim of a dishonour of cheque must be construed complainant, who is the victim of a dishonour of cheque must be construed to be victim in terms of the proviso to Section 372 read with the definition of to be victim in terms of the proviso to Section 372 read with the definition of to be victim in terms of the proviso to Section 372 read with the definition of to be victim in terms of the proviso to Section 372 read with the definition of victim under Section 2(wa) of the Cr.P.C. victim under Section 2(wa) of the C.” 6.
Decision
Disposed of accordingly. Disposed of accordingly. GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE (DEEPINDER SINGH NALWA DEEPINDER SINGH NALWA) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No 26.08.2025 Vimal VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document