Lal Chand Sharma Lal Chand Sharma v. Ved Parkash Sharma and another Ved Parkash Sharma and another
Case Details
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 227 CRM-A-667 667-MA-2018(O&M) Date of decision: 15.09.2025 Date of decision: Lal Chand Sharma Lal Chand Sharma ...Applicant VERSUS Ved Parkash Sharma and another Ved Parkash Sharma and another ...Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. r. Ivneet Singh Pabla, Advocate, for the applicant. for the applicant. Mr. Kamal Sharma, Advocate for Mr. Kamal Sharma, Advocate for Mr. Amit Arora, Advocate for respondent No.1. Mr. Amit Arora, Advocate for respondent No.1. Mr. Amit Arora, Advocate for respondent No.1. VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ ***** The present application has been preferred under 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 ‘CR.P.C.’) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal against the judgment of acquittal dated grant of leave to appeal judgment of acquittal dated 02.02.2018 passed by the learned Judicial Magistrate First Class passed by the learned Judicial Magistrate First Class, Faridabad in a case stemming from complaint dated 12.10.2015/05.05.2017 stemming from 12.10.2015/05.05.2017 filed under Section 138 of the Negotiable Instruments Act, 1881. 138 of the Negotiable Ins 2. The complaint (supra) was filed on the ground of dishonour of The complaint (supra) was filed on th The complaint (supra) was filed on th cheque of Rs.30 After assessing all 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 .02.2018. dated 02.02.2018 3. M/s. Celestium Financial vs. A. The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. The Ho Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 discussion and comparative interpretation of Sections 372 and 378(4) of discussion and comparative interpretation of Sections 372 and 378(4) of discussion 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 SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 227 CRM-A-667 667-2018(O&M) 2 372 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. a, 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 dent. In the instant case, a victim under Section condition precedent. In the instant case, a victim under Section condition prece 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, a person who is charged of the offence, namely, dishonoured. whose cheque has been dishonoured. whose cheque has been , the 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 374 of the Cr C. A person convicted of a crime has the right to prefer an appeal 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 under Section 374 as a matter of right and 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. reason that the Parliament thought it fit to Thirdly, it is for this reason that the Parliament thought it fit to Thirdly 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 prefer an appeal. deceased victim who can prefer an appeal. deceased victim who can On the contrary, as against an order of acquittal, the State, On the contrary, as against an order of acquittal, the State, On the contrary, as against an order of acquittal, the State, SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 227 CRM-A-667 667-2018(O&M) 3 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. Howe such an appeal is with the leave of the court. Howe always necessary for the State or a complainant to prefer an always necessary for the State or a complainant to prefer an always necessary for the State or a complainant 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. 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 b the High Court under Section 378(4) of the Cr.P.C. would b contrary to what has been intended by the Parliament by contrary to what has been intended by the Parliament by contrary to what has been intended by the Parliament by 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 plainant or the State filing an appeal. On with regard to a complainant or the State filing an appeal. On with regard to a com 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 ant. therein as compared to a complainant. therein as compared to a complain , the involvement 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 and Section 143 of the Act by an express intention incorporates and Section 143 of the Act by an express intention incorporates and Section 143 of the Act by an express intention incorporates 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 strued to be victim in terms of the proviso to Section 372 be construed to be victim in terms of the proviso to Section 372 be con SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 227 CRM-A-667 667-2018(O&M) 4 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.” 4. 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) Celestium Financial (supra), the present application , the present application seeking leave to appeal is remanded remanded to the learned Sessions Judge to the learned Sessions Judge, Faridabad with a filed under Section 372 of the direction to treat the same as an appeals filed under Section 372 of the direction to treat the same as an appeal 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. 5. The Registry is directed to send the complete paper The Registry is directed to s end the complete paper-book and the record of the case to the learned Sessions Judge, Faridabad forthwith. the record of the case to the learned Sessions Judge the record of the case to the learned Sessions Judge 6.
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. 15.09.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD S. BHARDWAJ) JUDGE Whether speaking/reasoned : Whether speaking/reasoned : Whether reportable Whether reportable Yes/No Yes/No SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document