Punjab-Haryana High Court
Soma Devi vs Shamsher Singh And Ors on 5 November, 2025
CRM-A-1122-MA-2015 (O&M) 1
247 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-A-1122-MA-2015 (O&M)
Date of Decision: 04.11.2025
SOMA DEVI ......... Applicant
Versus
SHAMSHER SINGH AND ORS ..... Respondents
CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR
Present : Mr. Davinder Kumar, Advocate for the applicant.
Mr. Harshit Singla, Advocate for the respondents.
****
YASHVIR SINGH RATHOR, J. (Oral)
1. The applicant has filed the present application seeking grant
of leave to appeal against the judgment of acquittal passed in a complaint
case instituted under Sections 148, 149, 323, 324, 354, 452, 504, 506 and
34 of IPC, whereby the complaint filed by the applicant was dismissed
and the accused was acquitted.
2. The limited question arising for consideration in the present
proceedings is whether an appeal against an order of acquittal passed in a
complaint case can be entertained under the proviso to Section 372 of the
Cr.P.C. at the instance of the complainant?
3. The issue is no longer res integra. In 'M/s Celestium
Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR
(Criminal) 208', Hon'ble Supreme Court has held that a complainant in a
prosecution under Section 138 of the NI Act, qualifies as a 'victim' under
Section 2(wa) of the Cr.P.C., being the person who suffers financial loss
due to the dishonour of a cheque. Consequently, such a complainant is
entitled to pursue an appeal against acquittal under the proviso to Section
372 of the Cr.P.C., without the requirement of seeking special leave under
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Section 378(4) of the Cr.P.C. A Division Bench of this Court in Law
Finder Doc ID # 2779901 titled as 'Bawa Singh Vs. State of Punjab' in a
case pertaining to Sections 420, 467, 468, 471, 120-B IPC, has held that
appeal against acquittal in a complaint case lies to the Court of Sessions
in terms of Section 378(4) of the Cr.P.C. and the complainant in the
complaint case qualifies as a victim under Section 2(wa) of the Cr.P.C.
Resultantly, this Court deems it appropriate to direct the present appeal to
be treated as one instituted under the proviso to under Section 372 of
Cr.P.C.
4. Resultantly, present application is disposed of with a
direction that the Sessions Judge concerned shall treat the present appeal
as an appeal filed under the proviso to Section 372 of the Cr.P.C. and
assign the same to an appropriate Court for disposal on merits, in
accordance with law. The concerned Appellate Court shall proceed to
decide the appeal expeditiously, without being impeded by any delay in
filing the appeal, in view of the legal position now clarified by the
Hon'ble Apex Court.
5. The Registry is directed to transmit this order along with
copy of the complete paper book and return the trial Court record, if
received, to the learned Sessions Judge.
6. Pending misc. application (s), if any, shall also stand
disposed of.
(YASHVIR SINGH RATHOR)
JUDGE
04.11.2025
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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