SATPAL KARAN SINGH AND OTHERS KARAN SINGH AND OTHERS v. CRM CRM
Case Details
2023 CRM-A-185-2023 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 241 SATPAL KARAN SINGH AND OTHERS KARAN SINGH AND OTHERS Versus CRM CRM-A-185-2023 Date of decision: 12.12.2025 Date of decision: Appellant ….Appellant s ....Respondents
Legal Reasoning
ct being 9. In the circumstances, we find that Section 138 of the Act being 9. In the circumstances, we find that Section 138 of the A 9. In the circumstances, we find that Section 138 of the A in the nature of a penal provision by a deeming fiction against an in the nature of a penal provision by a deeming fiction against an in the nature of a penal provision by a deeming fiction against an in the nature of a penal provision by a deeming fiction against an accused who is said to have committed an offence under the said accused who is said to have committed an offence under the said accused who is said to have committed an offence under the said accused who is said to have committed an offence under the said provision, if acquitted, can be proceeded against by a victim of provision, if acquitted, can be proceeded against by a victim of provision, if acquitted, can be proceeded against by a victim of provision, if acquitted, can be proceeded against by a victim of d to the the said offence, namely, the person who is entitled to the the said offence, namely, the person who is entitle the said offence, namely, the person who is entitle proceeds of a cheque which has been dishonoured, in terms of proceeds of a cheque which has been dishonoured, in terms of proceeds of a cheque which has been dishonoured, in terms of proceeds of a cheque which has been dishonoured, in terms of the proviso to Section 372 of the CrPC, as a victim. As already the proviso to Section 372 of the CrPC, as a victim. As already the proviso to Section 372 of the CrPC, as a victim. As already the proviso to Section 372 of the CrPC, as a victim. As already noted, a victim of an offence could also be a complainant. In noted, a victim of an offence could also be a complainant. In noted, a victim of an offence could also be a complainant. In noted, a victim of an offence could also be a complainant. In viso such a case, an appeal can be preferred either under the proviso such a case, an appeal can be preferred either under the pro such a case, an appeal can be preferred either under the pro to Section 372 or under Section 378 by such a victim. In the to Section 372 or under Section 378 by such a victim. In the to Section 372 or under Section 378 by such a victim. In the to Section 372 or under Section 378 by such a victim. In the absence of the proviso to Section 372, a victim of an offence absence of the proviso to Section 372, a victim of an offence absence of the proviso to Section 372, a victim of an offence absence of the proviso to Section 372, a victim of an offence could not have filed an appeal as such, unless he was also a could not have filed an appeal as such, unless he was also a could not have filed an appeal as such, unless he was also a could not have filed an appeal as such, unless he was also a complainant, in which event he could maintain an appeal if complainant, in which event he could maintain an appeal if complainant, in which event he could maintain an appeal if complainant, in which event he could maintain an appeal if leave to appeal had been granted by the High Court and special leave to appeal had been granted by the High Court and leave to appeal had been granted by the High Court and special if no such special leave was granted then his appeal would not be if no such special leave was granted then his appeal would not be if no such special leave was granted then his appeal would not be if no such special leave was granted then his appeal would not be maintainable at all. On the other hand, if the victim of an offence, maintainable at all. On the other hand, if the victim of an offence, maintainable at all. On the other hand, if the victim of an offence, maintainable at all. On the other hand, if the victim of an offence, who may or may not be the complainant, proceeds under the who may or may not be the complainant, proceeds under the who may or may not be the complainant, proceeds under the who may or may not be the complainant, proceeds under the to Section 372 of the CrPC, then in our view, such a proviso to Section 372 of the CrPC, then in our view, such a to Section 372 of the CrPC, then in our view, such a proviso victim need not seek special leave to appeal from the High Court. victim need not seek special leave to appeal from the High Court. victim need not seek special leave to appeal from the High Court. victim need not seek special leave to appeal from the High Court. In other words, the victim of an offence would have the right to In other words, the victim of an offence would have the right to In other words, the victim of an offence would have the right to In other words, the victim of an offence would have the right to GURPREET 2025.12.15 17:28 I attest to the accuracy and authenticity of this document. 2023 CRM-A-185-2023 - -3- prefer an appeal, inter alia, against an order of acquittal in prefer an appeal, inter alia, against an order of acquittal in prefer an appeal, inter alia, against an order of acquittal in prefer an appeal, inter alia, against an order of acquittal in s of the proviso to Section 372 without seeking any special terms of the proviso to Section 372 without seeking any special s of the proviso to Section 372 without seeking any special term leave to appeal from the High Court only on the grounds leave to appeal from the High Court only on the grounds leave to appeal from the High Court only on the grounds leave to appeal from the High Court only on the grounds mentioned therein. A person who is a complainant under Section mentioned therein. A person who is a complainant under Section mentioned therein. A person who is a complainant under Section mentioned therein. A person who is a complainant under Section 200 of the CrPC who complains about the offence committed by 200 of the CrPC who complains about the offence committed by 200 of the CrPC who complains about the offence committed by 200 of the CrPC who complains about the offence committed by charged as an accused under Section 138 of the a person who is charged as an accused under Section 138 of the charged as an accused under Section 138 of the a person who is Act, thus has the right to prefer an appeal as a victim under the Act, thus has the right to prefer an appeal as a victim under the Act, thus has the right to prefer an appeal as a victim under the Act, thus has the right to prefer an appeal as a victim under the proviso to Section 372 of the CrPC. proviso to Section 372 of the CrPC. proviso to Section 372 of the CrPC. 10. As already noted, the proviso to Section 372 of the CrPC was 10. As already noted, the proviso to Section 372 of the CrPC was 10. As already noted, the proviso to Section 372 of the CrPC was 10. As already noted, the proviso to Section 372 of the CrPC was ect from 31.12.2009. The inserted in the statute book only with effect from 31.12.2009. The inserted in the statute book only with eff inserted in the statute book only with eff object and reason for such insertion must be realised and must object and reason for such insertion must be realised and must object and reason for such insertion must be realised and must object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid be given its full effect to by a court. In view of the aforesaid be given its full effect to by a court. In view of the aforesaid be given its full effect to by a court. In view of the aforesaid
Arguments
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Sushil Sheoran, Mr. Sushil Sheoran, Advocate for the appellant. for the appellant. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 2. present The limited question arising for consideration in the present The limited question arising for consideration in the The limited question arising for consideration in the proceedings is whether an appeal against an order of acquittal can be proceedings is whether an appeal against an order of acquittal can be proceedings is whether an appeal against an order of acquittal can be proceedings is whether an appeal against an order of acquittal can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance of entertained under the proviso to Section 372 of the Cr.P.C. at the instance of entertained under the proviso to Section 372 of the Cr.P.C. at the instance of entertained under the proviso to Section 372 of the Cr.P.C. at the instance of the complainant? the complainant? 3. The issue is no longer res integra. The issue is no longer res integra. The issue is no longer res integra. GURPREET 2025.12.15 17:28 I attest to the accuracy and authenticity of this document. 2023 CRM-A-185-2023 - -2- 8. The right to prefer an appeal is no doubt a statutory right 8. The right to prefer an appeal is no doubt a statutory right 8. The right to prefer an appeal is no doubt a statutory right “ and the right to prefer an appeal by an accused against a and the right to prefer an appeal by an accused against a and the right to prefer an appeal by an accused against a and the right to prefer an appeal by an accused against a conviction is not merely a statutory right but can also be conviction is not merely a statutory right but can also be conviction is not merely a statutory right but can also be conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of construed to be a fundamental right under Articles 14 and 21 of construed to be a fundamental right under Articles 14 and 21 of construed to be a fundamental right under Articles 14 and 21 of ution. If that is so, then the right of a victim of an the Constitution. If that is so, then the right of a victim of an ution. If that is so, then the right of a victim of an the Constit offence to prefer an appeal cannot be equated with the right of offence to prefer an appeal cannot be equated with the right of offence to prefer an appeal cannot be equated with the right of offence to prefer an appeal cannot be equated with the right of the State or the complainant to prefer an appeal. Hence, the the State or the complainant to prefer an appeal. Hence, the the State or the complainant to prefer an appeal. Hence, the the State or the complainant to prefer an appeal. Hence, the statutory rigours for filing of an appeal by the State or by a statutory rigours for filing of an appeal by the State or by a statutory rigours for filing of an appeal by the State or by a statutory rigours for filing of an appeal by the State or by a gainst an order of acquittal cannot be read into the complainant against an order of acquittal cannot be read into the gainst an order of acquittal cannot be read into the complainant a proviso to Section 372 of the CrPC so as to restrict the right of a proviso to Section 372 of the CrPC so as to restrict the right of a proviso to Section 372 of the CrPC so as to restrict the right of a proviso to Section 372 of the CrPC so as to restrict the right of a victim to file an appeal on the grounds mentioned therein, when victim to file an appeal on the grounds mentioned therein, when victim to file an appeal on the grounds mentioned therein, when victim to file an appeal on the grounds mentioned therein, when none exists. none exists.
Decision
discussion, we hold that the victim of an offence has the right to discussion, we hold that the victim of an offence has the right to discussion, we hold that the victim of an offence has the right to discussion, we hold that the victim of an offence has the right to o Section 372 of the CrPC, prefer an appeal under the proviso to Section 372 of the CrPC, prefer an appeal under the proviso t prefer an appeal under the proviso t irrespective of whether he is a complainant or not. Even if the irrespective of whether he is a complainant or not. Even if the irrespective of whether he is a complainant or not. Even if the irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under victim of an offence is a complainant, he can still proceed under victim of an offence is a complainant, he can still proceed under victim of an offence is a complainant, he can still proceed under section (4) the proviso to Section 372 and need not advert to sub-section (4) the proviso to Section 372 and need not advert to sub the proviso to Section 372 and need not advert to sub of Section 378 of the CrPC. of Section 378 of the CrPC. n the result, the impugned common order dated 12.06.2024 11.In the result, the impugned common order dated 12.06.2024 n the result, the impugned common order dated 12.06.2024 11.I in Crl. O.P. Nos.929, 931 and 1034 of 2024 in Crl. A. SR. in Crl. O.P. Nos.929, 931 and 1034 of 2024 in Crl. A. SR. in Crl. O.P. Nos.929, 931 and 1034 of 2024 in Crl. A. SR. in Crl. O.P. Nos.929, 931 and 1034 of 2024 in Crl. A. SR. Nos.1282, 1300 and 1321 of 2024 is set aside. Liberty is reserved Nos.1282, 1300 and 1321 of 2024 is set aside. Liberty is reserved Nos.1282, 1300 and 1321 of 2024 is set aside. Liberty is reserved Nos.1282, 1300 and 1321 of 2024 is set aside. Liberty is reserved to the appellant herein to file the appeal(s) having regard to the to the appellant herein to file the appeal(s) having regard to the to the appellant herein to file the appeal(s) having regard to the to the appellant herein to file the appeal(s) having regard to the to Section 372 of the CrPC within four months from proviso to Section 372 of the CrPC within four months from to Section 372 of the CrPC within four months from proviso today. today. GURPREET 2025.12.15 17:28 I attest to the accuracy and authenticity of this document. 2023 CRM-A-185-2023 12.12.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.15 17:28 I attest to the accuracy and authenticity of this document.