Mohd. Ayub Lone Vs. Subh Rattan Cr. MP(M) No. 711 of 2025 17.7.2025 Present: Mr. H.R. Bhardwaj, Advocate, for the applicant. Mr. Ankur Sood, Advocate for the respondent. By way of the present application, the applicant, who is complainant, in this case, has sought the indulgence of this Court to grant leave to appeal. Hon’ble Apex Court in Criminal Appeal Nos.1868-1870 of 2025, titled as Celestium Financial versus A. Gnanasekaran & Others, has held that if the victim of an offence, who may or may not be the complainant, proceeds under the proviso to Section 372 of the CrPC, then in our view, such a victim need not seek special leave to appeal from the High Court. Relevant paragraph 9 of the said judgment is reproduced as under:- “9. In the circumstances, we find that Section 138 of the Act being in the nature of a penal provision by a deeming fiction against an accused who is said to have committed an offence under the said 50 provision, if acquitted, can be proceeded against by a victim of the said offence, namely, the person who is entitled to the proceeds of a cheque which has been dishonoured, in terms of the proviso to Section 372 of the CrPC, as a victim. 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. In the absence of the proviso to Section 372, a victim of an offence could not have filed an appeal as such, unless he was also a complainant, in which event he could maintain an appeal if special leave to appeal had been granted by the High Court and if no such special leave was granted then his appeal would not be maintainable at all. On the other hand, if the victim of an offence, who may or may not be the complainant, proceeds under the proviso to Section 372 of the CrPC, then in our view, such a victim need not seek special leave to appeal from the High Court. In other words, the victim of an offence would have the right to prefer an appeal, inter alia, against an order of acquittal in terms of the proviso to Section 372 without seeking any special leave to appeal from the High Court only on the grounds mentioned therein. A person who is a complainant under Section 200 of the CrPC who complains about the offence committed by a person who is charged as an accused under Section 138 of the Act, thus has 51 the right to prefer an appeal as a victim under the proviso to Section 372 of the CrPC. In view of the law laid down by the Hon’ble Supreme Court, the requisite leave to appeal is granted. The application stands disposed of. Cr. Appeal No. of 2025 Be registered. Vide order of even date, passed in Cr. M.P. (M) No. 711 of 2025, the requisite leave to appeal has been accorded in favour of the appellant. Certain arguable points are involved in the present petition, as such, the same is admitted for hearing. Respondent is directed to furnish bail bonds, in the sum of Rs. 30,000/- with one surety, in the like amount, to the satisfaction of the learned trial Court, by giving a solemn undertaking to surrender before this Court, or before the learned trial Court, in case of ultimate acceptance of the appeal, by this Court, within four weeks. It is clarified that the respondent shall not leave the country without the prior permission of the Court. (Virender Singh) Judge July 17, 2025 (kalpana)