Kushal Pal v. Kumar Jatinder 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 229-3 CRM-A-1722 1722-2019(O&M) Date of decision: 15.09.2025 Date of decision: Kushal Pal ...Applicant VERSUS Kumar Jatinder Kumar ...Respondent CORAM : HON'BLE MR. JUSTICE
Legal Reasoning
VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. for the applicant. . Ravindra Jain, Advocate, for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ 2019 CRM-23456-2019 s for condonation of delay of ayer in the present application is for condonation of delay of Prayer in the present days in filing the application for leave to appeal. 37 days in filing the application for leave to appeal. days in filing the application for leave to appeal. For the reasons mentioned in the application, the same is For the reasons mentioned in the application, the same For the reasons mentioned in the application, the same allowed and delay of 37 days in filing application allowed and delay of days in filing application for leave to appeal is condoned. Main case The The present application has been preferred under been preferred under Section 378(4) of the Code of Criminal of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr Procedure, 1973 (hereinafter ‘Cr.P.C.’) judgment of acquittal dated seeking grant of leave to appeal against the judgment of acquittal dated seeking grant of leave to appeal 09.01.2019 passed by the learned passed by the learned Judicial Magistrate First Judicial Magistrate First Class, Yamuna Nagar at Jagadhri in a case stemming from complaint dated Nagar at Jagadhri complaint dated 02.06.2017 filed under Section 138 Negotiable Instruments Act, 1881. 138 of the Negotiable Instruments Act, 1881. 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 amounting Rs.10,00,000/-. After assessi cheque amounting After assessing all the material available 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 09.01.2019. judgment dated SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 229-3 CRM-A A-1722-2019(O&M) 2 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 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 following was 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 condition precedent. In the instant 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, 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 Secondl 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 of the Cr ppeal 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 a 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 Parl 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 SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 229-3 CRM-A A-1722-2019(O&M) 3 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, 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 is not such an appeal is with the leave of the court. However, it is not necessary for the State or a complainant to prefer an always necessary for the State or a complainant to prefer an always 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 s been intended by the Parliament by contrary to what has been intended by the Parliament by contrary to what ha 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 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. olvement 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 SUMIT SINGH GUSAIN 2025.09.16 19:38 I attest to the accuracy and integrity of this document 229-3 CRM-A A-1722-2019(O&M) 4 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 n 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 i 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, 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 appropriate Court for its disposal 372 of the 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 send the complete paper-book and 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. 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