Padam Singh v. Kumar Aggarwal and another Mahinder Kumar Aggarwal 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 234-2 CRM-A-483 483-MA-2015(O&M) Date of decision: 03.09.2025 Date of decision: Padam Singh ...Applicant(s) VERSUS Kumar Aggarwal and another Mahinder Kumar Aggarwal and another ...Respondent(s)
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. R.S. Budhwar, Advocate, for the applicant(s). Mr. R.S. Budhwar, Advocate, for the applicant(s). Mr. Sunil Panwar, Advocate (through V.C.), Mr. Sunil Panwar, Advocate (through V.C.), Mr. Sunil Panwar, Advocate (through V.C.), for respondent(s) No.1 for respondent VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ ***** been preferred under Section 378(4) The present application has been preferred under Section 378(4) The present application 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 dated grant of leave to appeal the judgment of acquittal dated 24.12.2014 passed by the learned Judicial Magistrate 1st Class, Yamuna Nagar at passed by the learned Judicial Magistrate 1st Class passed by the learned Judicial Magistrate 1st Class Jagadhri in a case stemming from in a case stemming from criminal criminal complaint No. 2715 dated filed under Section 138 of Negotiable Instruments 07.06.2010/02.03.2012 filed under Section 138 of Negotiable Instruments 07.06.2010/02.03.2012 Act, 1881. 2. The complaint (supra) was filed on the ground of dishonour of The complaint (supra) was filed on t The complaint (supra) was filed on t After assessing all the material available cheque amounting Rs.15,00,000/-. After assessing all the material available cheque amounting Rs.15,00,000/ on the record, the learned trial Court acquitted the respondent(s) vide on the record, the learned trial Court acquitted the respondent(s) vide on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 24.12.2024. judgment dated 3. The Hon’ble Supreme Court in M/s. Celestium Financial The Hon’ble Supreme Court in M/s. Celestium Financial vs. A. 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 2025.09.08 20:12 I attest to the accuracy and integrity of this document 234-2 CRM CRM-A-483-MA-2015(O&M) 2 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 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 which cannot be circumscribed by any prefer an appeal which cannot be circumscribed by any prefer an appeal 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 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, 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. , 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 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 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 a right to prefer an appeal. must have a right to prefer an appeal. must have , 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 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 th which expression also includes th 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 acquittal, the State, On the contrary, as against an order of acquittal, the State, SUMIT SINGH GUSAIN 2025.09.08 20:12 I attest to the accuracy and integrity of this document 234-2 CRM CRM-A-483-MA-2015(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. 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 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 gh 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 Hi 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 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 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 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 an offence to prefer an appeal on the therein as compared to a complainant. therein as compared to a complainant. therein as compared to a complainant. , 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 nature of a private complaint as per Section 200 of the Cr.P.C. 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 o is the victim of a dishonour of cheque must complainant, who is the victim of a dishonour of cheque must complainant, wh 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 SUMIT SINGH GUSAIN 2025.09.08 20:12 I attest to the accuracy and integrity of this document 234-2 CRM CRM-A-483-MA-2015(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) 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, Yamuna Nagar at with a direction to treat the same as an appeals filed under Section with a direction to treat the same as an appeal Jagadhri with a direction to treat the same as an appeal 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal 372 of the Cr.P.C. and entrust the same to appropri 372 of the Cr.P.C. and entrust the same to appropri 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, Yamuna Nagar at the record of the case to the learned Sessions Judge the record of the case to the learned Sessions Judge forthwith. Jagadhri 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. 03.09.2025 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 2025.09.08 20:12 I attest to the accuracy and integrity of this document