[Cites 16, Cited by 0]
Bombay High Court
Western Coalfields Ltd. Thr. Its Sub ... vs Smt. Sushilabai Wd/O Rajendrakumar ... on 22 December, 2025
1 22.cri.appeal no.375.2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.375 OF 2012
Ramesh Bhopatrao Raut
..vs..
State of Maharashtra and ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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CORAM: M.M. NERLIKAR, J.
DATE : 22/12/2025.
The principal challenge in this matter pertains to
acquittal in case under the provisions of Indian Penal
Code, 1860. This Appeal is filed under Section 378 of
the Code of Criminal Procedure, 1973.
2. Now so far as the issue in respect of preferring
Appeal under Section 372 of the Code by the
complainant/victim is concerned, the same was considered
by the Hon'ble Supreme Court in case of M/s. Celestium
Financial .Vrs. A. Gnanasekaran Etc (2025 SCC Online
SC 1320), wherein the Supreme Court has held as under:
"6.4 On a reading of the definition of
'victim', it is clear that the said expression is
initially exhaustive and thereafter inclusive. The
expression 'victim' means a person who has
suffered any loss or injury. The loss or injury could
be either physical, mental, a financial loss or
2 22.cri.appeal no.375.2012
injury. The expression injury could also be
construed as a legal injury in a wider sense and not
just a physical or a mental injury. The loss or
injury must be caused by reason of an act or
omission for which the accused person has been
charged. Thus, it can be both by a positive act or
negatively by an omission which is at the instance
of the accused and for which such accused has
been charged. Further, the expression 'victim' also
includes his/her guardian or legal heir in the case
of demise of the victim.
6.5 Thus, the expression 'victim' has been
couched in a broad manner so as to include a
person who has suffered any loss or injury. The
expressions 'loss' or 'injury' themselves are of a
very broad import which expressions also enlarge
the scope of the expression 'victim'. Further, the
expression 'victim' includes not only the person
who has suffered any loss or injury caused by
reason of any act or omission for which the
accused person has been charged but also includes
his or her guardian or legal heir which means that
the definition of victim is inclusive in nature.
6.6 Having regard to the insertion of the
proviso to Section 372 of the CrPC, we find that
in the case of a victim who seeks to file an appeal,
he or she could proceed under the proviso to
Section 372 of the CrPC in the circumstances
mentioned therein and need not prefer an appeal
3 22.cri.appeal no.375.2012
by invoking Section 378(4) of the CrPC which is
in respect of appeals to be filed by a complainant.
It may be that the complainant is a victim in
certain cases and therefore, the victim has the right
to file an appeal under the proviso to Section 372
of the CrPC and need not proceed under Section
378(4) of the CrPC. However, if the complainant
is not a victim and intends to file an appeal, in
such a case a complainant would have to proceed
under Section 378 of the CrPC which
circumscribes the right to file an appeal by virtue
of the conditions which are stipulated under the
said Section.
7.9 In this context, we wish to state that
the proviso to Section 372 does not make a
distinction between an accused who is charged of
an offence under the penal law or a person who is
deemed to have committed an offence under
Section 138 of the Act. Symmetrical to a victim of
an offence, a victim of a deemed offence under
Section 138 of the Act also has the right to prefer
an appeal against any order passed by the court
acquitting the accused or convicting for a lesser
offence or imposing an inadequate compensation.
When viewed from the perspective of an offence
under any penal law or a deemed offence under
Section 138 of the Act, the right to file an appeal is
not circumscribed by any condition as such, so
long as the appeal can be premised in accordance
4 22.cri.appeal no.375.2012
with proviso to Section 372 which is the right to
file an appeal by a victim, provided the
circumstances which enable such a victim to file an
appeal are met. The complainant under Section
138 is the victim who must also have the right to
prefer an appeal under the said provision. Merely
because the proceeding under Section 138 of the
Act commences with the filing of a complaint
under Section 200 of the CrPC by a complainant,
he does not cease to be a victim inasmuch as it is
only a victim of a dishonour of cheque who can
file a complaint. Thus, under Section 138 of the
Act both the complainant as well as the victim are
one and the same person.
8. 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 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 of
the CrPC so as to restrict the right of a victim to
file an appeal on the grounds mentioned therein,
when none exists.
5 22.cri.appeal no.375.2012
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
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
6 22.cri.appeal no.375.2012
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 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 must be realised and
must be given its full effect to by a court. In view
of the aforesaid 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. "
Further, in the latest judgment of the Supreme
Court in the case of Khem Singh (D) Through Lrs. Vrs.
State of Uttaranchal (Now State of Uttarakhand) &
Another Etc., 2025 SCC OnLine SC 1778, the Supreme
Court has held as under :
"7.4 On a reading of the definition of 'victim', it is
clear that the said expression is initially exhaustive
and thereafter inclusive. The expression 'victim'
7 22.cri.appeal no.375.2012
means a person who has suffered any loss or
injury. The loss or injury could be either physical,
mental, a financial loss or injury. The expression
'injury' could also be construed as a legal injury in
a wider sense and not just a physical or a mental
injury. The loss or injury must be caused by reason
of an act or omission for which the accused person
has been charged. Thus, it can be both by a
positive act or negatively by an omission which is
at the instance of the accused and for which such
accused has been charged. Further, the expression
'victim' also includes his/her guardian or legal heir
in the case of demise of the victim.
7.5 Thus, the expression 'victim' has been couched
in a broad manner so as to include a person who
has suffered any loss or injury. The expressions
'loss' or 'injury' themselves are of a very broad
import which expressions also enlarge the scope of
the expression 'victim'. Further, the expression
'victim' includes not only the person who has
suffered any loss or injury caused by reason of any
act or omission for which the accused person has
been charged but also includes his or her guardian
or legal heir which means that the definition of
victim is inclusive in nature.
7.6 Having regard to the insertion of the proviso
to Section 372 CrPC, we find that in the case of a
victim who seeks to file an appeal, he or she could
proceed under the proviso to Section 372 CrPC in
8 22.cri.appeal no.375.2012
the circumstances mentioned therein and need not
prefer an appeal by invoking Section 378(4) CrPC
which is in respect of appeals to be filed by a
complainant. It may be that the complainant is a
victim in certain cases and therefore, the victim
has the right to file an appeal under the proviso to
Section 372 CrPC and need not proceed under
Section 378(4) CrPC. However, if the
complainant is not a victim and intends to file an
appeal, in such a case a complainant would have to
proceed under Section 378 CrPC which
circumscribes the right to file an appeal by virtue
of the conditions which are stipulated under the
said Section."
Further in the case of Asian Paints Limited
Vrs. Ram Babu & Another, 2025 SCC OnLine SC 1427,
the Supreme Court while interpreting Sections 372 and
378 of Cr.P.C. has observed as under:-
"43. We are constrained to observe that the
finding of the High Court that the Appellant
could not have maintained the appeal before it
would amount to completely negating the proviso
to Section 372 of the CrPC. In our considered
opinion, Section 372 of the CrPC is a self-
contained and independent Section; in other
words, it is a stand-alone Section. Section 372 of
9 22.cri.appeal no.375.2012
the CrPC is not regulated by other provisions of
Chapter XXIX of the CrPC. The proviso
to Section 372 of the CrPC operates
independently of and shall not be read conjointly
with any other provision in the CrPC, much less
Section 378 of the CrPC.
47. From the aforesaid elucidation, it is clear that
the right to appeal accrues on the 'victim' from the
instance of a Court acquitting the accused. The
proviso to Section 372 of the CrPC is agnostic to
the factum of such acquittal being by the Trial
Court or the First Appellate Court. We can see the
situation through another lens also. In the facts at
hand, acquittal was by the First Appellate Court
and not by the Trial Court. Therefore, since, in the
present case, for the first time, the acquittal comes
in at the stage of the First Appellate Court (being a
Sessions Court), in law, the right of appeal by the
victim would be to the next higher level in the
judicial hierarchy, which would be the High
Court. However, for that purpose, the High Court
could also have been the First Appellate Court, if
the Trial Court, being a Court of Sessions, had
acquitted the accused. Thus, the reasoning of the
High Court that if the Appellant was allowed to
maintain the appeal, it would amount to an appeal
as envisaged under Section 378 of the CrPC, is
factually and legally erroneous, which proposition
we negate."
10 22.cri.appeal no.375.2012
However it would also be useful to refer to the
judgment delivered by Punjab and Haryana High Court at
Chandigarh in the case of Satish Kumar Vrs. Jugal Kishor
(CRM-A-2700-MA-2018), decided on 02/07/2025,
wherein it is observed thus:-
"21. A perusal of Section 2(wa) of the Cr.P.C.
would indicate that no distinction has been drawn
between victims of a crime in a State case and a
private complaint case. Therefore, the right to
appeal vested in the victim under Section 372 of
the Cr.P.C. is available to all victims alike as it too
does not discriminate between the victim of a
crime in a privately instituted complaint and the
victim in a case emanating from an FIR registered
by the jurisdictional police. Since Section 138 of
the NI Act has been given a penal nature by the
Legislature, the victim of such misdemeanor
would be entitled to the same right, in spite of the
fact that a private complaint is filed in this regard.
Thus, the right of the victim under Section 372
Cr.P.C. cannot be limited to cases where criminal
law machinery was set into motion by registration
of an FIR only.
22. In a case instituted on a police report under
Section 173 of the Cr.P.C, the victim has a right to
challenge the acquittal of the accused before the
Court of Sessions. On the other hand, the victims
are compelled to travel long distances to the High
Court and seek leave of the Court under Section
11 22.cri.appeal no.375.2012
378(4) Cr.P.C. to pursue an appeal against
acquittal in a private complaint case. It stands
against reason to put the victim to such
disadvantage. The inadvertent gap left by the
legislature has caused hardship and inconvenience
to the victim and creates an anomaly. Further,
another incongruent situation arises when some of
the accused are acquitted while some stand
convicted in a privately instituted complaint case.
The appeal against conviction, per Section 374 of
the Cr.P.C.. lies before the Court of Sessions while
the victim would have to travel to the High Court
to pursue an appeal against acquittal under Section
378(4) Cr.P.C. The situation would also lead to
conflicting views as the same case is dealt with by
two different appellate forums.
23. In Celestium Financial (supra), the Hon'ble
Supreme Court has held that the right of the
victim to prefer an appeal against acquittal is at par
with the right of the accused to prefer one against
his conviction under Section 374 Cr.P.C. In fact,
the same has been construed as a fundamental
right within the scope of Article 14 and 21 of the
Constitution of India. Moreover, taking this
approach would assist in the cases being decided
expeditiously which is imperative to further the
cause of justice. Further still, swift resolution not
only bolsters public confidence in the justice
administration mechanism but also reduces
12 22.cri.appeal no.375.2012
burden on Courts."
3. Considering the above position of law as laid
down by the Supreme Court in the cases referred supra,
the learned Counsel appearing on behalf of parties submit
that Section 372 of Cr.P.C. cannot be limited to the
private cases filed by the victim, but is also available to
those victims wherein Police case was instituted / FIR was
registered, irrelevant of the fact that the FIR was registered
at the behest of victim or not, therefore, under proviso to
Section 372 of the Code of Criminal Procedure, since the
victim has a right to prefer an appeal against the order
passed by the Court acquitting the accused or convicting
the accused for lesser offence or imposing inadequate
compensation, such appeal shall lie to the Court to which
the appeal ordinarily lies against the order of conviction.
In view of said proviso, the learned Counsel prays that the
matter be transferred to the concerned District and
Sessions Court for its disposal in accordance with law.
4. In this view of the matter and considering the
observations of the Supreme Court referred above, the
appeal is required to be transferred for its disposal to the
concerned District and Sessions Court. Hence, the
13 22.cri.appeal no.375.2012
following order:-
ORDER
(1) The Appeal is transferred to the concerned District
and Sessions Court, who shall after registering the
matter, deal with the matter in accordance with law;
(2) Parties shall appear before the concerned District
and Sessions Court, on 02.02.2026;
(3) If the non-applicant/respondent in this matter is not
served or they are to be served, in that case the
concerned District and Sessions Court shall issue
notice to them and thereafter proceed further with
the matter;
(4) The concerned District and Sessions Court is also
directed to take into consideration the matter
wherein this Court has appointed Advocate from
Legal Aid Panel, and if the said Advocate from the
Legal Aid Panel is unable to attend or appear before
the Court where the matter is transferred, in that
eventuality, the District Court shall take necessary
steps for appointing another Advocate from the
Legal Aid panel for defending the non-applicant/
respondent;
(5) In case either of the parties remains absent after
transfer of the matter to the District and Sessions
Court, the concerned Court / Judge shall issue
notice to the concerned party before proceeding
with the matter;
14 22.cri.appeal no.375.2012
(6) The concerned District and Sessions Court shall
treat this matter as appeal under proviso to Section
372 of the Code as per the observations of the
Supreme Court in case of M/s. Celestium
Financial .Vrs. A. Gnanasekaran Etc (2025 SCC
Online SC 1320), Khem Singh (D) Through Lrs.
Vrs. State of Uttaranchal (Now State of
Uttarakhand) & Another Etc., 2025 SCC OnLine
SC 1778, Asian Paints Limited Vrs. Ram Babu &
Another, 2025 SCC OnLine SC 1427, and Satish
Kumar Vrs. Jugal Kishor (CRM-A-2700-
MA-2018);
(7) Considering the fact that the appeal is preferred long
back, therefore, in the interest of justice, it is
desirable that the District and Sessions Court shall
make an endeavor to dispose of those cases as
expeditiously as possible;
(8) Registrar (Judicial) of this Court to take further
necessary action for transferring the matter to the
concerned District and Sessions Court immediately.
(M.M. NERLIKAR, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 23/12/2025 13:33:08
