Page No.# 1/2 GAHC010196792024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./313/2025 M/S TIRUPATI UDYOG A PARTNERSHIP FIRM, SITUATED AT PAGLASTHAN, BONGAIGAON, P.O., P.S. AND DIST. BONGAIGAON, ASSAM, REPRESENTED BY ONE OF ITS PARTNERS, SRI MAHESH KUMAR SUREKA, AGED ABOUT 56 YEARS, S/O. LATE SOHANLAL SUREKA. VERSUS DILIP HALOI S/O. LATE TARUN HALOI, R/O. DOAIGAON, BONGAIGAON, P/O. AND P/S. BONGAIGAON, DIST. BONGAIGAON, ASSAM Advocate for the Petitioner : MR. D K KOTHARI, MR P DAS,MR P PRAWAR,MR. N KOTHARI,MR Y KOTHARI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 05.06.2026 Heard Mr. Y. Kothari, learned counsel for the appellant who submits that though this Appeal was filed by the appellant under Section 419 of BNSS, however, in view of the judgment of the Apex Court in the case of M/s. Celestium Financial vs. A. Page No.# 2/2 Ganashekaran Etc., reported in 2025 INSC 804, the complainant has to be treated as a victim in the case. As such, he has a right to file an Appeal under Section 372 of the Code of Criminal Procedure as a victim. Section 372 of the Code of Criminal Procedure is in pari materia with Section 413 of BNSS, and therefore, he submits that the appellant may file an Appeal under Section 413 of BNSS before the appropriate Court, which would be a Court of Sessions, to which the Appeal would have otherwise lied had it been a case of conviction. 2. Prayer is allowed. 3. The appellant is allowed to withdraw this Appeal and approach the appropriate Court under Section 413 of BNSS. 4. The period spent by the appellant in pursuing this Appeal may be taken into consideration for the purpose of any prayer for condonation of delay under Section 14 of the Limitation Act, 1963. 5. This Appeal is accordingly disposed of. JUDGE Comparing Assistant