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of the present case, it would suffice aw laid down by Apex Court in the ca nasekaran etc. [Criminal Appeal N .2025, reported as 2025 (30 RC
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uffice to the case al Nos. RCR AJAY PRASHER 2026.01.15 11:02 I attest to the accuracy and integrity of this document
(Criminal) 2 1320], their appeal woul (correspondi passed in a complainant the term u/s
3. and (wa), 24 143 and 147 Apex Court through Leg ongoing deb acquittal in a Cr.P.C., has (supra), it h 372 Cr.P.C.
4. Celestium F in the case o others (CR Co-ordinate (CRM-A-270
5.
Celestium
al) 208 : Law Finder Doc Id # 2 , their Lordships’ have answered in l would be maintainable under the sponding Section 413 of BNSS, 202 in a case instituted upon a priv ainant in such a proceeding as a ‘victi m u/s 2 (wa) of Cr.P.C.
After encapsulating, in detail, a), 24, 200, 372, 377, 378, 386 of Cr. d 147 of Negotiable Instruments Act, Court taken in the case of Mallikar Legal Representative Vs. State of K g debate as to whether the right of tal in a complaint case would fall und ., has been put to rest. Succinctly stat it has been held that 'victim' has a ri r.P.C. before the Court of Sessions. It is apposite to mention here ium Financial (supra) has been follo case of M/s Associated Road Carrie (CRM-A-885-MA-2013, decided dinate Bench of this Court in the case 2700-MA-2018, decided on 02.07. Having considered the recen Financial's case (supra), and th
# 2737710 : 2025 SCC OnLine S ed in affirmative the issue whether r the proviso to Section 372 Cr.P. S, 2023), against an order of acquit a private complaint, by treating t ‘victim’ within the meaning ascribed , the provisions of Sections 2(d),( of Cr.P.C.; Sections 138, 139, 141, 14 s Act, 1881; and the earlier view point likarjun Kodagali (dead) represent e of Karnataka, (2019) 2 SCC 752, t ght of victim to file an appeal again all under Section 372 or Section 378 ly stated, in Celestium Financial's ca as a right to file an appeal under Secti here that the judgment in the case n followed and relied upon by this Cou arriers Limited Vs. Manjit Singh a ed on 07.07.2025) as well as e case of Satish Kumar v. Jugal Kish 2.07.2025).
recent mandate of Apex Court and the view taken by this Court in
-2- ine SC ether an Cr.P.C. acquittal ting the cribed to 2(d),(n) 41, 142, point of esented , the l against 378 (4) al's case r Section case of his Court gh and l as by Kishor ourt in rt in M/s AJAY PRASHER 2026.01.15 11:02 I attest to the accuracy and integrity of this document
Associated R Bench of thi a different vi
6. learned Sess under Sectio to try the sam law, as expe 6.1
matters, the delay, if any raised in the
7. complete pa concerned,
8. of. January 12 Ajay Prasher
Wheth Wheth
iated Road Carriers Limited’s case of this Court in Satish Kumar’s (sup rent view in the present case. Accordingly, the present appea d Sessions Judge concerned to treat th Section 372 of the Cr.P.C. and entrust the same. The concerned Court shall s expeditiously as possible. Since similar directions are bei s, the concerned Appellate Court ne if any, involved in the case, for the in the appeal and its disposal on merit
The Registry is directed to tran ete paper-book and record of the rned, forthwith. Pending miscellaneous applicat
y 12, 2026
Whether speaking/reasoned Whether reportable
case (supra) as well as by Co-ordina (supra), there exists no ground to ta appeal is disposed of by directing t reat the present appeal as an appeal fil ntrust the same to any appropriate Cou shall decide the appeal on merits as p re being issued by this Court in seve urt need not to adhere to the aspect or the purpose of considering the iss merit. to transmit copy of this order along w f the case to learned Sessions Jud pplication(s), if any, also stand dispos
( SHEEL NAGU )
CHIEF JUSTICE
Yes/No Yes/No
-3- ordinate d to take cting the eal filed ate Court its as per several spect of the issue with s Judge disposed AJAY PRASHER 2026.01.15 11:02 I attest to the accuracy and integrity of this document