[Cites 6, Cited by 0]
Punjab-Haryana High Court
Sukarma Devi vs Ashwani Jaggi @ Ballu And Ors on 11 December, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
223
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-A-1593-2024
Date of Decision: 11.12.2025
SUKARMA DEVI ....Appellant(s)
VERSUS
ASHWANI JAGGI @ BALLU AND ORS ....Respondent(s)
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Ms. Bindu Bala, Advocate for
Mr. Vishal Munjal, Advocate
for the appellant.
****
SUKHVINDER KAUR, J. (Oral)
Criminal Complaint Case No.CHI/143 of 2016
Complaint Date of decision: 14.08.2024
1. Feeling aggrieved by the trial court's judgment, dismissing the complaint
on merits, and acquitting the accused/respondents, the complainant had come up before
this Court by filing the above-mentioned application for leave to appeal accompanying
the appeal.
2. Counsel for the applicant prays for transfer of appeal to the first Appellate
Court in view of judgment of Hon'ble Supreme Court passed in "Celestium Financial v.
A. Gnanasekaran, 2025(3) RCR(Criminal) 208, decided on 08.04.2025".
3. In Celestium Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208,
decided on 08.04.2025, Hon'ble Supreme Court holds,
[7.8] In the case of an offence alleged against an accused
under Section 138 of the Act, we are of the view that the
complainant is indeed the victim owing to the alleged
dishonour of a cheque. In the circumstances, the
complainant can proceed as per the proviso to Section 372
of the CrPC and he may exercise such an option and he
need not then elect to proceed under Section 378 of the
CrPC.
[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.
[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.
4. In BNSS, 2023, S. 413 is analogous to S. 372 CrPC, 1973, and thus the
ratio of Celestium Financial shall apply.
5. However, the complainant should not face the burden of filing an appeal
again before the Sessions Court because the law has been interpreted recently. Therefore,
in the interest of Equity, Justice, and Fair play, it would be appropriate to refer this matter
to the Sessions Court, where it will be registered as an Appeal under the Proviso to S. 372
CrPC/413 BNSS, 2023, as applicable. If there is any objection regarding whether it is an
appeal under the CrPC or BNSS, it shall be registered under the Proviso to S. 413 BNSS,
2023, because the CrPC, 1973, has been repealed.
6. Given above, the Registry is to send this file along with the Trial Court's
Record, if any, to the concerned Sessions Division.
7. Leave to appeal is disposed of in the terms mentioned above. All pending
application(s), if any, stand closed. Registry to inform the counsel for the applicant also.
(ANOOP CHITKARA)
JUDGE
(SUKHVINDER KAUR)
December 11, 2025 JUDGE
Sangeeta
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
