-1- 104 CRM-31432-2025 in/and CRM-A-373-2021 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-31432-2025 in/and CRM-A-373-2021 Date of decision: 29.08.2025 M/s Sandhya Finance Limited ….Applicant/appellant. Versus Tilak Raj Arora ....Respondent. CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Ashwani Bhardwaj, Advocate, for the applicant. ..… SANJIV BERRY, J. CRM-31432-2025 1. Instant application has been preferred under Section 528 of BNSS for restoration of the main case, i.e. CRM-A-373-2021 which was dismissed for want of prosecution vide order dated 30.04.2024. 2. Heard. 3. Keeping in view the averments made in the application and in the interest of justice, application is allowed and the main petition, i.e. CRM-A-373-2021 which was dismissed for want of prosecution on 30.04.2024 is ordered to be restored to its original number and position. 4. Disposed of. CRM-A-373-2021 PREETI 2025.09.05 15:46 I attest to the accuracy and integrity of this document -2- 104 CRM-31432-2025 in/and CRM-A-373-2021 Instant application under Section 378(4) of Cr.PC has been moved by the applicant/appellant seeking grant of leave to file the instant appeal against the judgment dated 15.01.2020 passed by the Court of Shri Jitender Kumar, the then Judicial Magistrate Ist Class Hisar, in case titled ‘M/s Sandhya Finance Limited vs. Tilak Raj Arora’, Criminal Complaint No. 957-II-2017, whereby the complaint under Section 138 of the Negotiable Instruments Act filed by the applicant/complainant, had been dismissed and the accused, namely Tilak Raj Arora, was acquitted. 2. The primary question arising for consideration in the present case is as to whether an appeal would be maintainable under the provisions of Section 372 Cr.PC (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a case instituted by a private complaint by treating the complainant in such a proceedings as a ‘victim’ within the meaning ascribed to the term under Section 2(wa) of Cr.PC (corresponding Section 2(1) (y) of BNSS, 2023). 3. Learned counsel for the applicant/appellant is agreeable to the fact that the proposition on the subject has been settled by the Hon’ble Apex Court in the case of M/s Celestium Financial vs. A. Gnanasekaran etc. {Criminal Appeal Nos. 1868-70 of 2025, decided on 08.04.2025, reported as 2025 (3) RCR (Criminal) 208: Law Finder DOC ID#2737710 : 2025 SCC Online SC 1320}, wherein it has been held that the victim has a right to file an appeal under Section PREETI 2025.09.05 15:46 I attest to the accuracy and integrity of this document -3- 104 CRM-31432-2025 in/and CRM-A-373-2021 372 Cr.PC (corresponding Section 413 of BNSS, 2023) before the Court of Sessions. 4. Therefore, in the light of the latest pronouncement of the Apex Court in the case of M/s Celestium Finaicial (supra), the applicant/complainant being the victim, in the said case within the meaning of Section 2(wa) of Cr.PC (corresponding Section 2(1) (y) of BNSS, 2023) has the right to file the appeal under Section 372 Cr.PC (corresponding Section 413 of BNSS, 2023) before the Court of Sessions. 5. Resultantly, the present application is disposed of by directing the learned Sessions Judge, Hisar, to treat the present application for leave to appeal, as an appeal filed under Section 372 Cr.PC (corresponding Section 413 of BNSS, 2023) and to entrust the same to any appropriate Court to try the same. The concerned Court, hearing such appeal, shall decide the said appeal on its own merits as expeditiously as possible in accordance with the law and shall not adhere to the delay aspect, if any, involved in the case without referring to any question qua delay or limitation in filing of the appeal in any manner. 6. Registry is directed to transmit the copy of this order along with the copy of complete paper book and the record of the trial Court, if any received, to the learned Sessions Judge, Hisar, for necessary action. 7. Disposed of accordingly. PREETI 2025.09.05 15:46 I attest to the accuracy and integrity of this document -4- 104 CRM-31432-2025 in/and CRM-A-373-2021 8. Pending miscellaneous application, if any, also stands disposed of. (SANJIV BERRY) 29.08.2025 JUDGE preeti i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PREETI 2025.09.05 15:46 I attest to the accuracy and integrity of this document