CRM-A-2065- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 258 Vikal Sood Mukesh Sood CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Section 378(4) of the Code of Criminal Procedure grant of leave to file appeal against the judgment passed by the Court of learned Judicial Magistrate First Class, Criminal complaint bearing CIS No. Mukesh Sood short ‘N. I. Act’) aforementioned offence. 2. application. Learned counsel for the applicant, while relying upon a recent pronouncement of Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 directing the present application as an appeal, filed under Sections 372 of -2019 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus Mukesh Sood CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Gurminder Singh Phull, Advocate for the applicant. MANISHA BATRA, J. (Oral) The instant application has been filed Section 378(4) of the Code of Criminal Procedure grant of leave to file appeal against the judgment by the Court of learned Judicial Magistrate First Class, Criminal complaint bearing CIS No. 2459 of 2017 Mukesh Sood, filed under Section 138 of the Negotiable Instruments Act short ‘N. I. Act’), whereby the respondent/ aforementioned offence. Today, the case was fixed for addressing arguments on the application. Learned counsel for the applicant, while relying upon a recent pronouncement of Hon’ble Supreme Court in Gnanasekaran Etc., 2025(3) RCR (Criminal) 208 directing the present application as an appeal, filed under Sections 372 of -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-2065-2019 (O&M) Date of decision: 31.07.2025 ...Applicant ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Gurminder Singh Phull, Advocate application has been filed by the applicant under Section 378(4) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) seeking grant of leave to file appeal against the judgment of acquittal dated 27.05.2019 by the Court of learned Judicial Magistrate First Class, Faridabad 2459 of 2017, titled as Vikal Sood vs. filed under Section 138 of the Negotiable Instruments Act respondent/accused had been acquitted of Today, the case was fixed for addressing arguments on the application. Learned counsel for the applicant, while relying upon a recent pronouncement of Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, have submitted that by directing the present application as an appeal, filed under Sections 372 of 2019 (O&M) .07.2025 Applicant ...Respondent under seeking 27.05.2019, Faridabad in Vikal Sood vs. (for of the Today, the case was fixed for addressing arguments on the application. Learned counsel for the applicant, while relying upon a recent M/s. Celestium Financial vs. A. , have submitted that by directing the present application as an appeal, filed under Sections 372 of MOHAMMAD WASEEM ANSARI 2025.08.01 09:09 I attest to the accuracy and integrity of this document CRM-A-2065- Cr.P.C. (which is pari materia with Section 413 of Sanhita, 2023 3. Court has interpreted Sections 372 and 378(4) of Cr.P.C. and has observed that the victim in a private complaint case has a right to file an appeal, under Section 372 of Cr.P.C., against the Sessions. The Hon’ble Supreme Court has observed as follows: -2019 (O&M) (which is pari materia with Section 413 of Sanhita, 2023), the same be sent to appropriate Court for its disposal. In M/s. Celestium Financial’s case (supra), the Hon’ble Supreme Court has interpreted Sections 372 and 378(4) of Cr.P.C. and has observed that the victim in a private complaint case has a right to file an appeal, under Section 372 of Cr.P.C., against the order of acquittal before the Court of Sessions. The Hon’ble Supreme Court has observed as follows: “7.12 The reasons for the above distinction are not far to see and can be elaborated as follows: Firstly, the victim of a crime must have an absolute right prefer an appeal which cannot be circumscribed by any condition precedent. In the instant case, a victim under Section 138 of the Act, i.e., a payee or the holder of a cheque is a person who has suffered the impact of the offence committed by a person charged of the offence, namely, the accused, whose cheque has been dishonoured. Secondly, the right of a victim of a crime must be placed on par with the right of an accused who has suffered a conviction, who, as a matter of right can prefer an app CrPC. A person convicted of a crime has the right to prefer an appeal under Section 374 as a matter of right and not being subjected to any conditions. Similarly, a victim of a crime, whatever be the nature of the crime, uncond right to prefer an appeal. Thirdly, it is for this reason that the Parliament thought it fit to insert the proviso to sub condition precedent to be fulfilled by the victim of an offence, which expression also includes the legal representatives of a deceased victim who can prefer an appeal. On the contrary, as against an order of acquittal, the State, through the Public Prosecutor can prefer an appeal even if the complainant does not -2- (which is pari materia with Section 413 of Bharatiya Nagarik Suraksha , the same be sent to appropriate Court for its disposal. ’s case (supra), the Hon’ble Supreme Court has interpreted Sections 372 and 378(4) of Cr.P.C. and has observed that the victim in a private complaint case has a right to file an appeal, under order of acquittal before the Court of Sessions. The Hon’ble Supreme Court has observed as follows: 7.12 The reasons for the above distinction are not far to see and can be elaborated as follows: , the victim of a crime must have an absolute right prefer an appeal which cannot be circumscribed by any condition precedent. In the instant case, a victim under Section 138 of the Act, i.e., a payee or the holder of a cheque is a person who has suffered the impact of the offence committed by a person who is charged of the offence, namely, the accused, whose cheque has , the right of a victim of a crime must be placed on par with the right of an accused who has suffered a conviction, who, as a matter of right can prefer an appeal under Section 374 of the CrPC. A person convicted of a crime has the right to prefer an appeal under Section 374 as a matter of right and not being subjected to any conditions. Similarly, a victim of a crime, whatever be the nature of the crime, unconditionally must have a , it is for this reason that the Parliament thought it fit to insert the proviso to sub-section 372 without mandating any condition precedent to be fulfilled by the victim of an offence, sion also includes the legal representatives of a deceased victim who can prefer an appeal. On the contrary, as against an order of acquittal, the State, through the Public Prosecutor can prefer an appeal even if the complainant does not Bharatiya Nagarik Suraksha ’s case (supra), the Hon’ble Supreme Court has interpreted Sections 372 and 378(4) of Cr.P.C. and has observed that the victim in a private complaint case has a right to file an appeal, under order of acquittal before the Court of 7.12 The reasons for the above distinction are not far to see and , the victim of a crime must have an absolute right to prefer an appeal which cannot be circumscribed by any condition precedent. In the instant case, a victim under Section 138 of the Act, i.e., a payee or the holder of a cheque is a person who has who is charged of the offence, namely, the accused, whose cheque has , the right of a victim of a crime must be placed on par with the right of an accused who has suffered a conviction, who, eal under Section 374 of the CrPC. A person convicted of a crime has the right to prefer an appeal under Section 374 as a matter of right and not being subjected to any conditions. Similarly, a victim of a crime, itionally must have a , it is for this reason that the Parliament thought it fit to section 372 without mandating any condition precedent to be fulfilled by the victim of an offence, sion also includes the legal representatives of a deceased victim who can prefer an appeal. On the contrary, as against an order of acquittal, the State, through the Public Prosecutor can prefer an appeal even if the complainant does not MOHAMMAD WASEEM ANSARI 2025.08.01 09:09 I attest to the accuracy and integrity of this document CRM-A-2065-2019 (O&M) prefer such an appeal, though of course such an appeal is with the leave of the court. However, it is not always necessary for the State or a complainant to prefer an appeal. But when it comes to a victim's right to prefer an appeal, the insistence on seeking special leave to appeal from the High Court under Section 378(4) of the CrPC would be contrary to what has been intended by the Parliament by insertion of the proviso to Section 372 of the CrPC. Fourthly, the Parliament has not amended Section 378 to circumscribe the victim's right to prefer an appeal just as it has with regard to a complainant or the State filing an appeal. On the other hand, the Parliament has inserted the proviso to Section 372 so as to envisage a superior right for the victim of an offence to prefer an appeal on the grounds mentioned therein as compared to a complainant. Fifthly, the involvement of the State in respect of an offence under Section 138 of the Act is conspicuous by its absence. This is because the complaint filed under that provision i nature of a private complaint as per Section 200 of the CrPC and Section 143 of the Act by an express intention incorporates the provisions of the CrPC in the matter of trial of such a deemed offence tried as a criminal offence. Therefore, the com who is the victim of a dishonour of cheque must be construed to be victim in terms of the proviso to Section 372 read with the definition of victim under Section 2(wa) of the Cr.P.C. 8. The right to prefer an appeal is no doubt a statutory right the right to prefer an appeal by an accused against a conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution. If that is so, then the right of a victim of an offence t appeal cannot be equated with the right of the State or the complainant to prefer an appeal. Hence, the statutory rigours for filing of an appeal by the State or by a complainant against an order of acquittal cannot be read into the proviso to -3- eal, though of course such an appeal is with the leave of the court. However, it is not always necessary for the State or a complainant to prefer an appeal. But when it comes to a victim's right to prefer an appeal, the insistence on seeking to appeal from the High Court under Section 378(4) of the CrPC would be contrary to what has been intended by the Parliament by insertion of the proviso to Section 372 of the , the Parliament has not amended Section 378 to ictim's right to prefer an appeal just as it has with regard to a complainant or the State filing an appeal. On the other hand, the Parliament has inserted the proviso to Section 372 so as to envisage a superior right for the victim of an offence to an appeal on the grounds mentioned therein as compared , the involvement of the State in respect of an offence under Section 138 of the Act is conspicuous by its absence. This is because the complaint filed under that provision is in the nature of a private complaint as per Section 200 of the CrPC and Section 143 of the Act by an express intention incorporates the provisions of the CrPC in the matter of trial of such a deemed offence tried as a criminal offence. Therefore, the complainant, who is the victim of a dishonour of cheque must be construed to be victim in terms of the proviso to Section 372 read with the definition of victim under Section 2(wa) of the Cr.P.C. The right to prefer an appeal is no doubt a statutory right the right to prefer an appeal by an accused against a conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution. If that is so, then the right of a victim of an offence to prefer an appeal cannot be equated with the right of the State or the complainant to prefer an appeal. Hence, the statutory rigours for filing of an appeal by the State or by a complainant against an order of acquittal cannot be read into the proviso to Section 372 eal, though of course such an appeal is with the leave of the court. However, it is not always necessary for the State or a complainant to prefer an appeal. But when it comes to a victim's right to prefer an appeal, the insistence on seeking to appeal from the High Court under Section 378(4) of the CrPC would be contrary to what has been intended by the Parliament by insertion of the proviso to Section 372 of the , the Parliament has not amended Section 378 to ictim's right to prefer an appeal just as it has with regard to a complainant or the State filing an appeal. On the other hand, the Parliament has inserted the proviso to Section 372 so as to envisage a superior right for the victim of an offence to an appeal on the grounds mentioned therein as compared , the involvement of the State in respect of an offence under Section 138 of the Act is conspicuous by its absence. This s in the nature of a private complaint as per Section 200 of the CrPC and Section 143 of the Act by an express intention incorporates the provisions of the CrPC in the matter of trial of such a deemed plainant, who is the victim of a dishonour of cheque must be construed to be victim in terms of the proviso to Section 372 read with the The right to prefer an appeal is no doubt a statutory right and the right to prefer an appeal by an accused against a conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution. If o prefer an appeal cannot be equated with the right of the State or the complainant to prefer an appeal. Hence, the statutory rigours for filing of an appeal by the State or by a complainant against an Section 372 MOHAMMAD WASEEM ANSARI 2025.08.01 09:09 I attest to the accuracy and integrity of this document CRM-A-2065-2019 (O&M) of the CrPC so as to restrict the right of a victim to file an appeal on the grounds mentioned therein, when none exists. 9. In the circumstances, we find that Section 138 of the Act being in the nature of a penal provision by a deeming fiction 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 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 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 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. 10. As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion m must be given its full effect to by a court. In view of the aforesaid -4- of the CrPC so as to restrict the right of a victim to file an appeal on the grounds mentioned therein, when none exists. 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 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 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 eed 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 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 e right to prefer an appeal as a victim under the proviso to Section 372 of the CrPC. As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid of the CrPC so as to restrict the right of a victim to file an appeal In the circumstances, we find that Section 138 of the Act being 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 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 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 eed 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 e right to prefer an appeal as a victim under the proviso As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. ust be realised and must be given its full effect to by a court. In view of the aforesaid MOHAMMAD WASEEM ANSARI 2025.08.01 09:09 I attest to the accuracy and integrity of this document CRM-A-2065- 4. Apex Court, it is clear that an appeal against an order of acquittal in a proceeding under Section 138 of the N. I. Act preferred by the complainant squarely falls within the ambit of proviso to Section 372 of Cr.P.C. Similar observations have been made by thi CRM-A-2700 Pardeep Sharma Kumar vs. Rajender, CRM 5. made by Hon’ble Supreme Court in the appeal along with the accompanying application is ordered to be remitted to the Court of learned Sessions Judge, same as having been file Judge, Faridabad court of competent jurisdiction for its disposal. 6. Sessions Court concerned to delve into the merits of the appeal as this Court has not gone into the same. -2019 (O&M) discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, irrespective of whether he is a comp victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub of Section 378 of the CrPC.” On going through the above mentioned pronouncement of the Court, it is clear that an appeal against an order of acquittal in a proceeding under Section 138 of the N. I. Act preferred by the complainant squarely falls within the ambit of proviso to Section 372 of Cr.P.C. Similar observations have been made by this Court in 2700-MA-2018 and Ajmer Kundu (deceased) through LRs vs. Pardeep Sharma, CRM-A-481-2022, vide orders dated 02.07.2025 and in Kumar vs. Rajender, CRM-A-826-2025(O&M) In view of the discussion as made above and the observations made by Hon’ble Supreme Court in M/s. Celestium Financial the appeal along with the accompanying application is ordered to be remitted to the Court of learned Sessions Judge, Faridabad same as having been filed under Section 372 of Cr.P.C. Faridabad may entrust the appeal to herself or assign it to some other court of competent jurisdiction for its disposal. Needless to clarify that it is left open for the consideration of the Sessions Court concerned to delve into the merits of the appeal as this Court has not gone into the same. -5- discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the CrPC.” On going through the above mentioned pronouncement of the Court, it is clear that an appeal against an order of acquittal in a proceeding under Section 138 of the N. I. Act preferred by the complainant squarely falls within the ambit of proviso to Section 372 of Cr.P.C. Similar s Court in Satish Kumar vs. Jugal Kishore Ajmer Kundu (deceased) through LRs vs. , vide orders dated 02.07.2025 and in 2025(O&M) vide order dated 07.07.2025. In view of the discussion as made above and the observations M/s. Celestium Financial’s case (supra), the appeal along with the accompanying application is ordered to be remitted to dabad with a direction to treat the d under Section 372 of Cr.P.C. The learned Sessions may entrust the appeal to herself or assign it to some other court of competent jurisdiction for its disposal. clarify that it is left open for the consideration of the Sessions Court concerned to delve into the merits of the appeal as this Court discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, lainant or not. Even if the victim of an offence is a complainant, he can still proceed under section (4) On going through the above mentioned pronouncement of the Court, it is clear that an appeal against an order of acquittal in a proceeding under Section 138 of the N. I. Act preferred by the complainant squarely falls within the ambit of proviso to Section 372 of Cr.P.C. Similar Satish Kumar vs. Jugal Kishore, Ajmer Kundu (deceased) through LRs vs. , vide orders dated 02.07.2025 and in Raj vide order dated 07.07.2025. In view of the discussion as made above and the observations ’s case (supra), the appeal along with the accompanying application is ordered to be remitted to with a direction to treat the The learned Sessions may entrust the appeal to herself or assign it to some other clarify that it is left open for the consideration of the Sessions Court concerned to delve into the merits of the appeal as this Court MOHAMMAD WASEEM ANSARI 2025.08.01 09:09 I attest to the accuracy and integrity of this document CRM-A-2065- 7. inform the applic applicant is directed to person or through 8. record of the case to learned Sessions Judge, 9. 31.07.2025 Waseem Ansari Whether speaking/reasoned Whether reportable -2019 (O&M) Learned counsel for the applicant, present in Court, is directed to applicant for appearance before the Sessions Court, applicant is directed to appear before the learned Sessions Judge, person or through his counsel on 01.09.2025. The Registry is directed to send the complete paper record of the case to learned Sessions Judge, Disposed of. Whether speaking/reasoned Whether reportable -6- Learned counsel for the applicant, present in Court, is directed to for appearance before the Sessions Court, Faridabad. appear before the learned Sessions Judge, Faridabad 01.09.2025. The Registry is directed to send the complete paper-book and record of the case to learned Sessions Judge, Faridabad forthwith. (MANISHA BATRA) JUDGE Yes/No Yes/No Learned counsel for the applicant, present in Court, is directed to . The Faridabad in book and MOHAMMAD WASEEM ANSARI 2025.08.01 09:09 I attest to the accuracy and integrity of this document