Jaswinder Singh Jaswinder Singh v. Deepak Ahuja
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 235 CRA-AS- -217-2023 (O&M) Date of decision: 05.09.2025 Date of decision: Jaswinder Singh Jaswinder Singh ...Applicant VERSUS Deepak Ahuja ...Respondent CORAM : HON'BLE MR. JUSTICE
Legal Reasoning
VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ as Legal Aid Counsel, Ms. Kajal Chauhan as Legal Aid Counsel, Present :- Ms. Kajal Chauhan for the applicant. for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ has been preferred under Section 378(4) of The present appeal has been preferred under Section 378(4) of The present the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) against the the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) passed by the learned Judicial judgment of acquittal dated 29.07.2019 passed by the learned Judicial judgment of acquittal dated Magistrate, First Class, Karnal , First Class, Karnal stemming out from complaint stemming out from complaint dated filed under Section 138 of Negotiable Instruments Act, 1881. 08.09.2017 filed under Section 138 of Negotiable Instruments Act, 1881. filed under Section 138 of Negotiable Instruments Act, 1881. 2. appeal pertains to the year 2023, It is noticed that the instant appeal pertains to the year 2023 It is noticed that the instant entered appearance on behalf of the applicant(s), hence, however, no one has entered appearance on behalf of the applicant(s), hence, however, no one it is deemed expedient to nominate a Legal it is deemed expedient to nominate a Legal Aid Counsel, Ms. Kajal Advocate, who is present in the Court, is appointed as the Legal Chauhan, Advocate, who is present in the Court, is appointed as the Legal Advocate, who is present in the Court, is appointed as the Legal Aid Counsel to represent the case on behalf of applicant(s) to arrive at a Aid Counsel to represent the case on behalf of Aid Counsel to represent the case on behalf of e has gone through the case file and submits that the present decision. She has gone through the case file and submits that the present e has gone through the case file and submits that the present on has been filed against the judgment of acquittal dated 29.07.2019 on has been filed against the judgment of acquittal dated application has been filed against the judgment of acquittal dated passed by the Judicial Magistrate 1st Class, Karnal passed by the Judicial Magistrate 1st Class, Karnal, in criminal complaint No.2777 of 2017 filed under Section 138 of Negotiable Instruments Act, 2777 of 2017 filed under Section 138 of Negotiable Instruments Act, 1881. She fairly submits that in view of the judgment passed by the Hon’ble e fairly submits that in view of the judgment passed by the Hon’ble SUMIT SINGH GUSAIN 2025.09.08 18:41 I attest to the accuracy and integrity of this document 235 CRA-AS-217-2023 (O&M) CRA 2 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. 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.5,00,000 . After assessing all the material available on the ,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 29.07.2019. dated 29.07.2019 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 Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable 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 Just 372 of Cr.P.C. before the Court of Sessions. Speaking through Just 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 prefer an appeal which cannot be circumscribed by any prefer an appeal which cannot be circumscribed by a prefer an appeal which cannot be circumscribed by a 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, the accused, a person who is charged of the offence, namely, the accused, a person who is charged of the offence, namely, the accused, se cheque has been dishonoured. whose cheque has been dishonoured. who , 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 2025.09.08 18:41 I attest to the accuracy and integrity of this document 235 CRA-AS-217-2023 (O&M) CRA 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 374 of the Cr.P.C. A person convicted 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. , 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 Third 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 sed victim who can prefer an appeal. deceased victim who can prefer an appeal. decea 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 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 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 t the High Court under Section 378(4) of t 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 th regard to a complainant or the State filing an appeal. On with regard to a complainant or the State filing an appeal. On th regard to a complainant or the State filing an appeal. On SUMIT SINGH GUSAIN 2025.09.08 18:41 I attest to the accuracy and integrity of this document 235 CRA-AS-217-2023 (O&M) CRA 4 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 ared to a complainant. therein as compared to a complainant. therein as comp , 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 Sectio nature of a private complaint as per Sectio 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 complainant, who is the victim of a dishonour of 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 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 appeal is , the present appeal is remanded to the with a direction to treat the same as an learned Sessions Judge, Karnal with a direction to treat the same as an learned Sessions Judge, appeal filed under Section 372 of the Cr.P.C. and entrust the same to appeal filed under Section 372 of the Cr.P.C. and entrust the same to appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. appropriate Court for its disposal on merits. 6. 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, Karnal 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. SUMIT SINGH GUSAIN 2025.09.08 18:41 I attest to the accuracy and integrity of this document 235 8. CRA-AS-217-2023 (O&M) CRA 5 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 Committee for information and necessary action. Committee for information and necessary action. Committee for information and necessary action. 05.09.2025 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 18:41 I attest to the accuracy and integrity of this document