Punjab National Bank versus Mehar Chand Criminal Appeal No. of 2025 27.06.2025 Present: Mr. Sanjay Dalmia, Advocate, for the applicant. Mr. Shubham Thakur, Advocate vice Mr. Nand Lal Chauhan, Advocate for the respondent. Cr. MP(M) No.339 of 2025 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, 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. Admit. Respondent-Mehar Chand, through his counsel, is directed to furnish requisite bail bonds in the sum of Rs.50,000/- with one surety in the like amount, to the satisfaction of learned trial Court, within a period of four weeks from today, with an solemn undertaking to surrender before this Court or before the learned trial Court, in case, the appeal is accepted by this Court. (Virender Singh) Judge June 27, 2025 (ps)