Ritu alias Reetu Bala Ritu alias Reetu Bala v. Raj Kumar
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 225 CRM-A-1956 1956-MA-2015 (O&M) Date of decision: 15.09.2025 Date of decision: Ritu alias Reetu Bala Ritu alias Reetu Bala ...Applicant VERSUS Raj Kumar ...Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Legal Reasoning
Present :- Ms. as Legal Aid Counsel, . Arti Singh as Legal Aid Counsel, for the applicant. for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ preferred under Section 378(4) The present application has been preferred under Section 378(4) The present application has been of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal against the judgment of acquittal grant of leave to appeal judgment of acquittal dated 07.10.2015 passed by the learned Judicial Magistrate First Class passed by the learned Judicial Magistrate First Class, Amritsar stemming out from complaint dated complaint dated 20.05.2013 filed under Section filed under Sections 309 and 506 of Indian Penal Code, 1860. Penal Code, 1860 2. It is noticed that the instant application pertains to the year It is noticed that the instant application pertains to the year It is noticed that the instant application pertains to the year 2015, however, no one has entered appearan ce on behalf of the applicant, however, no one has entered appearance on behalf of the applicant hence, it is deemed expedient to nominate a Legal Aid Counsel. hence, it is deemed expedient to nominate a Legal Aid Counsel. Ms. Arti , Advocate, who is present in the Court, is appointed as the Legal Aid Singh, 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 Counsel to represent the case on behalf of applicant to arrive at a decision. She has gone through the cas e file and submits that the present application e has gone through the case file and submits that the present application has been filed against the judgment of acquittal dated 07.10.2015 passed by has been filed against the judgment of acquittal dated has been filed against the judgment of acquittal dated the Judicial Magistrate 1st Class, Amritsar Amritsar, in CIS Complaint No.25456/2013 25456/2013 filed under Sections 309 and 506 of Indian Pen 309 and 506 of Indian Penal Code, SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 225 CRM-A-1956-MA-2015 (O&M) CRM 2 1860. She fairly submits that in view of the judgment passed by the Hon’ble fairly submits that in view of the judgment passed by the Hon’ble fairly submits that in view of the judgment passed by the Hon’ble M/s. Celestium Financial vs. A. Gnanasekaran Etc., Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., Supreme Court in 2025(3) RCR (Criminal) 208, the applicant would have a reme 2025(3) RCR (Criminal) 208 the applicant would have a remedy before the Court of Sessions. Court of Sessions. 3. ssing all the material available on the record, the After assessing all the material available on the record, the After asse 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 07.10.2015. 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 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 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 f 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 n the instant case, a victim under Section condition precedent. In the instant case, a victim under Section condition precedent. I 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, oured. whose cheque has been dishonoured. whose cheque has been dishon , 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, SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 225 CRM-A-1956-MA-2015 (O&M) CRM 3 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 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. 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 an appeal. deceased victim who can prefer an appeal. deceased victim who can prefer 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, 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 such an appeal is with the leave of the court. However, it 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 be the High Court under Section 378(4) of the Cr.P.C. would be ary to what has been intended by the Parliament by contrary to what has been intended by the Parliament by contr 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 t or the State filing an appeal. On with regard to a complainant or the State filing an appeal. On with regard to a complainan 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 SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 225 CRM-A-1956-MA-2015 (O&M) CRM 4 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 offence fthly, 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 Section 143 of the Act by an express intention incorporates and Section 143 of the Act by an express intention incorporates and 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 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 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) Celestium Financial (supra), the present application seeking leave , the present application seeking leave to appeal is remanded remanded to the learned Sessions Judge, to the learned Sessions Judge, Amritsar with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and to treat the same as an appeal filed under Section 372 of the Cr.P.C. and 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. entrust the same to appropriate Court for its disposal on merits. 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 The Registry is directed to send the the record of the case to the learned Sessions Judge, Amritsar 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. 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 SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 225 CRM-A-1956-MA-2015 (O&M) CRM Committee for information and necessary action. Committee for information and necessary action. Committee for information and necessary action. 5 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