Pawan Kumar v. State of Haryana & Ors. State of Haryana &
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 233 CRM-A-932 932-MA-2018 (O&M) Date of decision: 02.09.2025 Date of decision: Pawan Kumar ...Applicant VERSUS State of Haryana & Ors. State of Haryana & ...Respondents
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Mr. Ekteshwar Sidhu, Advocate for the Advocate for the applicant(s). Mr. Vivek Chauhan, Addl. AG, Haryana. Mr. Vivek Chauhan, Addl. AG, Haryana. Mr. Vivek Chauhan, Addl. AG, Haryana. VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ ***** The present application has been preferred under Section The present application been preferred under Section 378(4) of Code of Criminal Procedure ( Code of Criminal Procedure (hereinafter ‘Cr.P.C. Cr.P.C.) seeking grant of leave to appeal against against the judgment of acquittal dated the judgment of acquittal dated 25.01.2018 passed by the learned Additional Chief Additional Chief Judicial Magistrate, Judicial Magistrate, Karnal, in a case stemming from complaint dated 30.04.2007/16.11.2012 filed under Section from complaint dated filed under Sections 420, 166, 466, 468, 471, 323, 506 read with Section 120 of the Indian Penal Code, 466, 468, 471, 323, 506 read with Section 120 of the Indian Penal Code, 466, 468, 471, 323, 506 read with Section 120 of the Indian Penal Code, 1860. 2. After assessing all the material available on the record, the After assessing all the material available on the recor After assessing all the material available on the recor learned trial Court acquitted the respondent(s) vide judgment dated learned trial Court acquitted the respondent(s) vide judgment dated learned trial Court acquitted the respondent(s) vide judgment dated 25.01.2018. 3. 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 of Sections 372 and 378(4) of discussion and comparative interpretation of Sections 372 and 378(4) of discussion and comparative interpretation 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. SUMIT SINGH GUSAIN 2025.09.06 10:12 I attest to the accuracy and integrity of this document 233 CRM-A-932-MA-2018 (O&M) CRM Nagarathna, the following was held: Nagarathna, the following was held: 2 7.12 “7.12 The reasons for the above distinction are not far to The reasons for the above dis 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, a victim under Section condition precedent. In the instant case, a victim under Section t, 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 Ac 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. Secondly, the right of a victim of a crime must b Secondly , the right of a victim of a crime must be placed on par 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 to prefer an appeal under Section 374 as a matter of right and to prefer an appeal under Section 374 as a matter of rig to prefer an appeal under Section 374 as a matter of rig 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. , it is for this 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 provis 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. On the contrary, as against an order of acquittal, the State, On the contrary, as against an order of acqu On the contrary, as against an order of acqu 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 SUMIT SINGH GUSAIN 2025.09.06 10:12 I attest to the accuracy and integrity of this document 233 CRM-A-932-MA-2018 (O&M) CRM 3 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 always necessary for the State or a complainant to prefer an always necessary for the State or a complainant always necessary for the State or a complainant 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 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 tion of the proviso to Section 372 of the Cr.P.C. insertion of the proviso to Section 372 of the Cr.P.C. inser , 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 with regard to a complainant or the State filing an appeal. On with regard to a complainant or the State filing an appeal. On with regard to a complainant or the State filing an appeal. On Parliament has inserted the proviso to the other hand, the Parliament has inserted the proviso to the other hand, the 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. Fifthly, the involvement of the State in respect of an off Fifthly , the involvement of the State in respect of an offence 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 incorpora and Section 143 of the Act by an express intention incorpora 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 be construed 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 construed to be victim in terms of the proviso to Section 372 with the definition of victim under Section 2(wa) of the read with the definition of victim under Section 2(wa) of the read SUMIT SINGH GUSAIN 2025.09.06 10:12 I attest to the accuracy and integrity of this document 233 CRM-A-932-MA-2018 (O&M) CRM Cr.P.C.” Cr.P.C.” 4 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) , the present application seeking leave to Celestium Financial (supra), the present application seeking leave to appeal is remanded remanded to the learned Sessions Judge, to the learned Sessions Judge, Karnal with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust 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. the same to appropriate Court for its disposal on merits. the same to appropriate Court for its disposal on merits. 5. 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, the record of the case to the learned Sessions Judge, Karnal forthwith. 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. 02.09.2025 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 2025.09.06 10:12 I attest to the accuracy and integrity of this document