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2025 DAILYLAW 90776 (PNJ)

DEEPAK MALIK v. RAJIV KUNDU AND OTHERS

CRM-A/1455/2025 · 2025-09-24

Aman Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA AT 242 DEEPAK MALIK RAJIV KUNDU AND OTHERS CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. 419(4) of BNSS acquittal dated Magistrate, Sonepat, in a complaint filed under Sections with Section 34 IPC. 2. A. Gnanasekaran Etc. maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint by treating the complainant meaning under Section 2 (wa) of Cr.P.C, in view of wh appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it. 3. Court record, if received, along with the said order forthwith, while also informing the parties. 24.09.2025 parveen kumar Whether speaking/reasoned : Yes / No Whether reportable IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH DEEPAK MALIK Versus RAJIV KUNDU AND OTHERS CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Ishwinder Pal Singh, Advocate, for the applicant. AMAN CHAUDHARY, J. (ORAL) The present application has been preferred under Section 419(4) of BNSS seeking grant of leave to appeal against the judgment of acquittal dated 05.06.2025 passed by the learned , Sonepat, in a complaint filed under Sections with Section 34 IPC. Hon’ble the Supreme Court in A. Gnanasekaran Etc., 2025 SCC OnLine 1320, held that nable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a by treating the complainant therein, as a meaning under Section 2 (wa) of Cr.P.C, in view of wh appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it. Registry is directed to send the complete paper Court record, if received, along with the said order forthwith, while also informing the parties. ether speaking/reasoned : Yes / No Whether reportable : Yes / No IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-1455-2025 (O & M) Date of decision: 24.09.2025 ....Applicant ...Respondents BLE MR. JUSTICE AMAN CHAUDHARY Mr. Ishwinder Pal Singh, Advocate, for the applicant. The present application has been preferred under Section seeking grant of leave to appeal against the judgment of passed by the learned Chief Judicial , Sonepat, in a complaint filed under Sections 323 and 506 read in M/s Celestium Financial vs. , 2025 SCC OnLine 1320, held that an appeal is nable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a therein, as a ‘victim’ within the meaning under Section 2 (wa) of Cr.P.C, in view of which, the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it. Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also (AMAN CHAUDHARY) JUDGE PARVEEN KUMAR 2025.09.24 18:10 I attest to the accuracy and integrity of this order/judgment.