Karnail Singh, son of , son of Inder Singh v. Karnail Singh, son of , son of Ram Dhan
Case Details
IN THE HIGH COURT OF PUNJAB & HARYANA THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH 226 CRM-A-1180 1180-MA-2015 (O&M) Date of decision: 01.09.2025 Date of decision: 01.09.2025 Karnail Singh, son of , son of Inder Singh ...Applicant VERSUS Karnail Singh, son of , son of Ram Dhan ...Respondent ...Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Mr. Gaurav Gupta as Legal Aid Counsel for the applicant. for the applicant. as Legal Aid Counsel, Mr. Sachin Kaushik, Advocate, for Mr. Sachin Kaushik, Advocate, for Mr. Sachin Kaushik, Advocate, for Mr. Bhanu Sharma, Advocate, for the respondent. Mr. Bhanu Sharma, Advocate, for the respondent. Mr. Bhanu Sharma, Advocate, for the respondent. VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ ***** The present application has been preferred under Section 378(4) The present application has been preferred under Section 378(4) The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking of the Code of Criminal Procedure, 1973 (hereinafter ‘C of the Code of Criminal Procedure, 1973 (hereinafter ‘C grant of leave to appeal against the judgment of acquittal dated grant of leave to appeal the judgment of acquittal dated 02.03.2015 passed by the learned Judicial Magistrate 1st Class, Chandigarh in a case passed by the learned Judicial Magistrate 1st Class, passed by the learned Judicial Magistrate 1st Class, stemming from complaint No.1100432 of 28.08.2012 stemming from complaint No.1100432 of 28.08.2012 filed under Section 138 of Negotiable Instruments Act, 1881. 138 of Negotiable Ins 2. It is noticed that the instant application pertains to the year It is noticed that the instant appl It is noticed that the instant appl 5, however, no one has entered appearance on behalf of the applicant(s), 2015, however, no one has entered appearance on behalf of the applicant(s), 5, however, no one has entered appearance on behalf of the applicant(s), hence, it is deemed expedient to nominate a Legal Aid Counsel Mr. Gaurav hence, it is deemed expedient to nominate a Legal Aid Counsel Mr hence, it is deemed expedient to nominate a Legal Aid Counsel Mr Gupta, Advocate, who is present in the Court, is appointed as the Legal Aid , Advocate, who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of applicant(s) to arrive at a decision. Counsel to represent the case on behalf of applicant(s) Counsel to represent the case on behalf of applicant(s) He has gone through the case file and submits that the present application He has gone through the case file and submits that the present application He has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated has been filed against the judgment of acquitta l dated 02.03.2015 passed by SUMIT SINGH GUSAIN 2025.09.03 19:16 I attest to the accuracy and integrity of this document 226 CRM M-A-1180-MA-2015(O&M) 2 the Judicial Magistrate 1st Class, Chandigarh, in complaint No. the Judicial Magistrate 1st Class, , in complaint No.1100432 of filed under Section 138 of Negotiable Instruments Act, 1881. 28.08.2012 filed under Section 138 of Negotiable Instruments Act, 1881. filed under Section 138 of Negotiable Instruments Act, 1881. He fairly submits that in view of the judgment passed by the Hon’ble He fairly submits that in view of the judgment passed by the Hon’ble He fairly submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., rt in M/s. Celestium Financial vs. A. Gnanasekaran Etc., the applicant would have a remedy before the 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the 2025(3) RCR (Criminal) 208, Court of Sessions. Court of Sessions. 3. The complaint (supra) was filed on the ground of dishonour of The complaint (supra) was filed on the ground of dishonour of The complaint (supra) was filed on the ground of dishonour of cheque of Rs.30 the material available on the 30,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment record, the learned trial Court acquitted the respondent(s) vide judgment record, the learned trial Court acquitted the respondent(s) vide judgment 02.03.2015. dated 02.03.2015 4. M/s. Celestium Financial vs. A. The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. The Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 sion and comparative interpretation of Sections 372 and 378(4) of discussion and comparative interpretation of Sections 372 and 378(4) of sion and comparative interpretation of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section Cr.P.C., concluded that the victim has a right to file an appeal under Section Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Speaking through Justice B.V. 372 of Cr.P.C. before the Court of Sessions. Speaking through Justice B.V. 372 of Cr.P.C. before the Court of Sessions. Speaking through Justice B.V. Nagarathna, the following was held: Nagarathna, the following was held: 7.12 “7.12 The reasons for the above distinction are not far to The reasons for the above distinction are not far to see and can be elaborated as follows: see and can be elaborated as follows: see and can be elaborated as follows: , the victim of a crime must have an absolute right to Firstly, the victim of a crime must have an absolute right to Firstly prefer an appeal which cannot be circumscribed by any prefer an appeal which cannot be circumscribed by any prefer an appeal which cannot be circumscribed by any condition precedent. In the instant case, a victim under Section condition precedent. In the instant case, condition precedent. In the instant case, 138 of the Act, i.e., a payee or the holder of a cheque is a 138 of the Act, i.e., a payee or the holder of a cheque is a 138 of the Act, i.e., a payee or the holder of a cheque is a person who has suffered the impact of the offence committed by person who has suffered the impact of the offence committed by person who has suffered the impact of the offence committed by a person who is charged of the offence, namely, the accused, a person who is charged of the offence, namely, the accused, a person who is charged of the offence, namely, the accused, whose cheque has been dishonoured. whose cheque has been dishonoured. whose cheque has been dishonoured. SUMIT SINGH GUSAIN 2025.09.03 19:16 I attest to the accuracy and integrity of this document 226 CRM M-A-1180-MA-2015(O&M) 3 right of a victim of a crime must be placed on par Secondly, the right of a victim of a crime must be placed on par Secondly with the right of an accused who has suffered a conviction, with the right of an accused who has suffered a conviction, with the right of an accused who has suffered a conviction, who, as a matter of right can prefer an appeal under Section who, as a matter of right can prefer an appeal under Section who, as a matter of right can prefer an appeal under Section 374 of the Cr.P.C. A person convicted of a crime has the right 374 of the Cr.P.C. A person convicted of a crime has the right 374 of the Cr.P.C. A person convicted of a crime has the right under Section 374 as a matter of right and to prefer an appeal under Section 374 as a matter of right and to prefer an appeal not being subjected to any conditions. Similarly, a victim of a not being subjected to any conditions. Similarly, a victim of a not being subjected to any conditions. Similarly, a victim of a crime, whatever be the nature of the crime, unconditionally crime, whatever be the nature of the crime, unconditionally crime, whatever be the nature of the crime, unconditionally must have a right to prefer an appeal. must have a right to prefer an appeal. must have a right to prefer an appeal. Thirdly, it is for this reason that the Parliament Thirdly , it is for this reason that the Parliament thought it fit to section 372 without mandating any insert the proviso to sub-section 372 without mandating any insert the proviso to sub condition precedent to be fulfilled by the victim of an offence, condition precedent to be fulfilled by the victim of an offence, condition precedent to be fulfilled by the victim of an offence, which expression also includes the legal representatives of a which expression also includes the legal representatives of a which expression also includes the legal representatives of a deceased victim who can prefer an appeal. deceased victim who can prefer an appeal. deceased victim who can prefer an appeal. ontrary, as against an order of acquittal, the State, On the contrary, as against an order of acquittal, the State, On the c through the Public Prosecutor can prefer an appeal even if the through the Public Prosecutor can prefer an appeal even if the through the Public Prosecutor can prefer an appeal even if the complainant does not prefer such an appeal, though of course complainant does not prefer such an appeal, though of course complainant does not prefer such an appeal, though of course such an appeal is with the leave of the court. However, it is not such an appeal is with the leave of the court. However, it is not such an appeal is with the leave of the court. However, it is not sary for the State or a complainant to prefer an always necessary for the State or a complainant to prefer an always neces appeal. But when it comes to a victim’s right to 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 prefer an appeal, the insistence on seeking special leave to appeal from appeal, the insistence on seeking special leave to appeal from appeal, the insistence on seeking special leave to appeal from the High Court under Section 378(4) of the Cr.P.C. would be the High Court under Section 378(4) of the Cr.P.C. would be the High Court under Section 378(4) of the Cr.P.C. would be intended by the Parliament by contrary to what has been intended by the Parliament by contrary to what has been insertion of the proviso to Section 372 of the Cr.P.C. insertion of the proviso to Section 372 of the Cr.P.C. insertion of the proviso to Section 372 of the Cr.P.C. , the Parliament has not amended Section 378 to Fourthly, the Parliament has not amended Section 378 to Fourthly circumscribe the victim’s right to prefer an appeal just as it has circumscribe the victim’s right to prefer an appeal just as it has circumscribe the victim’s right to prefer an appeal just as it has SUMIT SINGH GUSAIN 2025.09.03 19:16 I attest to the accuracy and integrity of this document 226 CRM M-A-1180-MA-2015(O&M) 4 with regard to a complainant or the State filing an appeal. On with regard to a complainant or the State with regard to a complainant or the State the other hand, the Parliament has inserted the proviso to the other hand, the Parliament has inserted the proviso to the other hand, the Parliament has inserted the proviso to Section 372 so as to envisage a superior right for the victim of Section 372 so as to envisage a superior right for the victim of Section 372 so as to envisage a superior right for the victim of an offence to prefer an appeal on the grounds mentioned an offence to prefer an appeal on the grounds mentioned an offence to prefer an appeal on the grounds mentioned therein as compared to a complainant. therein as compared to a complainant. therein as compared to a complainant. lvement of the State in respect of an offence Fifthly, the involvement of the State in respect of an offence Fifthly under Section 138 of the Act is conspicuous by its absence. This under Section 138 of the Act is conspicuous by its absence. This under Section 138 of the Act is conspicuous by its absence. This is because the complaint filed under that provision is in the is because the complaint filed under that provision is in the is because the complaint filed under that provision is in the nature of a private complaint as per Section 200 of the Cr.P.C. nature of a private complaint as per Section nature of a private complaint as per Section the Act by an express intention incorporates and Section 143 of the Act by an express intention incorporates and Section 143 of the provisions of the Cr.P.C. in the matter of trial of such a the provisions of the Cr.P.C. in the matter of trial of such a the provisions of the Cr.P.C. in the matter of trial of such a deemed offence tried as a criminal offence. Therefore, the deemed offence tried as a criminal offence. Therefore, the deemed offence tried as a criminal offence. Therefore, the complainant, who is the victim of a dishonour of cheque must complainant, who is the victim of a dishonour of cheque must complainant, who is the victim of a dishonour of cheque must terms of the proviso to Section 372 be construed to be victim in terms of the proviso to Section 372 be construed to be victim in read with the definition of victim under Section 2(wa) of the read with the definition of victim under Section 2(wa) of the read with the definition of victim under Section 2(wa) of the Cr.P.C.” Cr.P.C.” 5. Therefore, in view of the judgment rendered by the Apex Court Therefore, in view of the judgment rendered by the Apex Court Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra) , the present application seeking leave to Celestium Financial (supra), the present application seeking leave to appeal is remanded anded to the learned Sessions Judge, to the learned Sessions Judge, Chandigarh with a direction to treat the same as an appeal filed under Section 372 of the direction to treat the same as an appeal filed under Section 372 of the direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. 6. The Registry is directed to send the complete paper-book and The Registry is directed to send the complete paper The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge, Chandigarh forthwith. the record of the case to the learned Sessions Judge, the record of the case to the learned Sessions Judge, 7.
Decision
Disposed of accordingly. Pending miscellaneous applications, if Disposed of accordingly. Pending miscellaneous applications, if Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. any, also stand disposed of. SUMIT SINGH GUSAIN 2025.09.03 19:16 I attest to the accuracy and integrity of this document 226 CRM M-A-1180-MA-2015(O&M) 5 8. A copy of this order be sent to the High Court Legal Service A copy of this order be sent to the High Court Legal Service A copy of this order be sent to the High Court Legal Service information and necessary action. information and necessary action. Committee for information and necessary action. 01.09.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD S. BHARDWAJ) JUDGE Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable : : Yes/No Yes/No Yes/No Yes/No SUMIT SINGH GUSAIN 2025.09.03 19:16 I attest to the accuracy and integrity of this document