IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 215 CRM-A-2600-2019 (O&M) Date of Decision: 09.09.2025 RAM SARUP THROUGH HIS LRS ... Appellant(s) VERSUS KARAN SINGH AND ANOTHER ... Respondents CORAM: HON'BLE MS. JUSTICE MANJARI NEHRU KAUL. HON'BLE MR. JUSTICE H.S. GREWAL. **** Present: Mr. Aayush Gupta and Ms. Shalini Singh, Advocates for the appellant(s). **** MANJARI NEHRU KAUL, J. (ORAL) The appellant has filed the instant appeal alongwith an application No.CRM-34388-2019 seeking grant of leave to appeal against the judgment of acquittal dated 20.03.2018 passed by the trial Court in a complaint case bearing No.78 of 2023 (CIS No.2806-2013) instituted under Sections 420, 464, 467, 468, 471, 506 and 120-B of IPC, whereby the respondents-accused have been acquitted of the charges framed against them. The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal passed in a complaint case under Sections 420, 464, 467, 468, 471, 506 and 120-B of IPC can be entertained under the proviso to Section 372 of the Cr.P.C. at the instance RAJENDER KUMAR 2025.09.09 22:33 I attest to the accuracy and authenticity of this order CRM-A-2600-2019 (O&M) -2- of the complainant? The issue is no longer res integra. In ‘M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208’, the Hon'ble Supreme Court authoritatively held that a complainant in a prosecution under the provisions of IPC, qualifies as a ‘victim’ under Section 2(wa) of the Cr.P.C., being the person aggrieved on account of cheating and forgery allegedly committed by the respondents-accused Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Section 372 of the Cr.P.C., without the requirement of seeking special leave under Section 378(4) of the Cr.P.C. Adopting a pragmatic and justice-oriented approach and guided by the principle that procedural rule must serve and not obstruct the course of justice, this Court deems it appropriate to direct that the present appeal be treated as one authoritatively instituted under the proviso to Section 372 of the Cr.P.C. In view of the authoritative pronouncement in M/s Celestium Financial's case (supra) and the view taken by this Court also in CRM-A-1320- MA-2016 titled as Rajat Deep Versus Prince disposed of on 21.07.2025, the present appeal is disposed of with a direction that the learned Sessions Judge concerned shall treat the present appeal as an appeal filed under the proviso to Section 372 of the Cr.P.C. and assign the same to himself/herself or to a Court of competent jurisdiction for disposal on merits, in accordance with law. The lower Appellate Court concerned shall proceed to decide the appeal expeditiously, without being impeded by any delay in filing the appeal, in view of the legal position now clarified by the Hon'ble Apex Court. RAJENDER KUMAR 2025.09.09 22:33 I attest to the accuracy and authenticity of this order CRM-A-2600-2019 (O&M) -3- The Registry is directed to transmit this order along with copy of the complete paper book and return the trial Court record, if received, to the learned Sessions Judge concerned. All other misc. application(s), if any, also stand(s) disposed of accordingly. (MANJARI NEHRU KAUL) JUDGE (H.S. GREWAL) SEPT. 09, 2025. JUDGE Rajender Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RAJENDER KUMAR 2025.09.09 22:33 I attest to the accuracy and authenticity of this order