M/s Rangar Breweries Ltd. vs. Mohender Sharma Cr.MP(M) No. 682 of 2025 Reserved on 16.07.2026 22.07.2026 Present: Mr Suneet Goel, Senior Advocate, with Mr Vishwas Kaushal, Advocate, for the applicant/appellant Mr Mohar Singh, Advocate, for the respondent. The applicant/appellant has filed the present application seeking leave to appeal against the judgment dated 16.01.2025 passed by the learned Judicial Magistrate First Class, Court No.2, District Una, H.P. (learned Trial Court) vide which the complaint filed by the applicant/appellant was dismissed. 2. The learned Trial Court held that the complainant had charged the interest at the rate of 18% per annum for the delayed payment instead of 2.5% interest, as agreed between the parties. Thus, the complainant had failed to establish the existence of legal liability. Prima facie, the reason assigned by the learned Trial Court is not sustainable. A person can accept the lesser amount at the time of the settlement, and merely because a lesser amount has been accepted will not make the existence of legal liability suspect. The case would have been different had the complainant charged more than what was agreed between the parties. Thus, the applicant/complainant has a prima facie case in his favour which merits consideration. 3. It was submitted on behalf of the respondent/accused that the present appeal is not maintainable, and the appeal should have been filed before the learned Sessions Court, as per the judgment of Hon'ble Supreme Court in Celestium Financial versus A Ganasekaran 2025 SCC Online SC 1320. This submission cannot be accepted. It was laid down by the Hon'ble Supreme Court in Celestium Financial (supra) that the complainant has an option of filing an appeal before the High Court or the Court of Sessions. It was observed: 9….As already noted, a victim of an offence could also be a complainant. In such a case, an appeal can be preferred either under the proviso to Section 372 or under Section 378 by such a victim…."(Emphasis supplied) 4. Therefore, the appeal filed before this Court is fully maintainable, and the submission to the contrary cannot be accepted. 5. In view of the above, the present application is allowed, and the leave to appeal is granted. 6. The present application stands disposed of. Cr. A (ST) No. 1683 of 2025 7. The leave to appeal has been granted as per the order passed in Cr.MP(M) No. 682 of 2025. It be registered. 8. A copy of the appeal shall be supplied to the respondent/accused within a week. 9. The record has been received. 10. List the matter for hearing in due course. 11. The respondent/accused is directed to furnish a personal and surety bond in the sum of ₹25,000/- to the satisfaction of the learned Trial Court/learned Additional Registrar (Judicial) of this Court within 4 weeks, undertaking to appear before this Court as and when called upon to do so and surrender before the learned Trial Court in case of acceptance of the appeal. The bail bonds so furnished be transmitted to this Court for record. (Rakesh Kainthla) Judge 22nd July, 2026 (Nikita)