CRA-AS-135-2017 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 204 CRA-AS-135-2017 Date of Decision: 20.02.2026 RAJ KUMAR ..…..Appellant Versus SANJAY DHAMIJA ......Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amit Choudhary, Advocate for the appellant. *** ANOOP CHITKARA J. Criminal Complaint CIS No. 160 of 2014 Criminal Complaint No. 254-II of 2014 Date of decision: 26.10.2016 1. Feeling aggrieved by the trial court's judgment, dismissing the complaint on merits, and acqui0ng the accused/respondent, the complainant had come up before this Court by filing the above-men3oned appeal. 2. Counsel for the appellant prays for transfer of appeal to the first Appellate Court in view of judgment of Hon’ble Supreme Court passed in “Celes3um Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208, decided on 08.04.2025”. 3. In Celes3um Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208, decided on 08.04.2025, Hon’ble Supreme Court holds, [7.8] In the case of an offence alleged against an accused under Sec3on 138 of the Act, we are of the view that the complainant is indeed the vic3m owing to the alleged dishonour of a cheque. In the circumstances, the complainant can proceed as per the proviso to Sec3on 372 of the CrPC and he may exercise such an op3on and he need not then elect to proceed under Sec3on 378 of the CrPC. [8]. The right to prefer an appeal is no doubt a statutory right and the right to prefer an appeal by an accused against a convic3on is not merely a statutory right but can also be construed to be a fundamental right under Ar3cles 14 and 21 of the Cons3tu3on. If that is so, then the right of a vic3m of an offence to prefer an appeal cannot be equated with the right of the State or the complainant to prefer an appeal. Hence, the statutory rigours for filing of an appeal by the State or by a ANJU RANI 2026.02.20 16:39 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRA-AS-135-2017 2 complainant against an order of acquiEal cannot be read into the proviso to Sec3on 372 of the CrPC so as to restrict the right of a vic3m to file an appeal on the grounds men3oned therein, when none exists. [10]. As already noted, the proviso to Sec3on 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such inser3on must be realised and must be given its full effect to by a court. In view of the aforesaid discussion, we hold that the vic3m of an offence has the right to prefer an appeal under the proviso to Sec3on 372 of the CrPC, irrespec3ve of whether he is a complainant or not. Even if the vic3m of an offence is a complainant, he can s3ll proceed under the proviso to Sec3on 372 and need not advert to sub-sec3on (4) of Sec3on 378 of the CrPC. 4. In BNSS, 2023, S. 413 is analogous to S. 372 CrPC, 1973, and thus the ra3o of Celes3um Financial shall apply. 5. However, the complainant should not face the burden of filing an appeal again before the Sessions Court because the law has been interpreted recently. Therefore, in the interest of Equity, Jus3ce, and Fair play, it would be appropriate to refer this maEer to the Sessions Court, where it will be registered as an Appeal under the Proviso to S. 372 CrPC/413 BNSS, 2023, as applicable. If there is any objec3on regarding whether it is an appeal under the CrPC or BNSS, it shall be registered under the Proviso to S. 413 BNSS, 2023, because the CrPC, 1973, has been repealed. 6. Given above, the Registry is to send this file along with the Lower Court’s Record, if any, to the concerned Sessions Division. 7. Appeal is disposed of in the terms men3oned above. All pending applica3on(s), if any, stand closed. (ANOOP CHITKARA) JUDGE 20.02.2026 jyo-II Whether speaking/non-speaking: Speaking Whether reportable: No. ANJU RANI 2026.02.20 16:39 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh