Kuldeep Kumar vs Anil Garg And Anr
2025 Latest Caselaw 5097 P&H

Punjab-Haryana High Court

Kuldeep Kumar vs Anil Garg And Anr on 13 November, 2025

Author: Anoop Chitkara

Bench: Anoop Chitkara

                 CRM-A-860-MA
                           MA-2016 (O&M)
                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                 101+220

                                                                    CRM
                                                                    CRM-A-860-MA-2016(O&M)
                                                                    Date of Decision: 13.11.2025

                 Kuldeep Kumar                                                    ......Applicant

                                                Versus

                 Anil Garg and Another                                           ......Respondents


                 CORAM:            HON'BLE MR. JUSTICE ANOOP CHITKARA
                                   HON'BLE MR. JUSTICE H.S. GREWAL

                 Present:          Mr. Vivek Aggarwal, Advocate
                                   for the appellant.

                                   Mr. Sukhdeep Singh, Advocate
                                   for respondent No.1
                                                  No.

                                                ***

ANOOP CHITKARA J.

Date of decision: 14.01.2016

1. Feeling eeling aggrieved by the trial court's judgment, dismissing the complaint on merits, and acquitting the accused/respondents accused/respondents,, the complainant had come up before this Court by filing the above-mentioned 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

authenticity of this document.

CRM-A-860-MA MA-2016 (O&M) 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 doudoubt 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 ictim 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 roviso 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 sub-section (4) of Section 378 of the CrPC.

CrP

4. Counsel for the respondent No.1 submits that he has no objection to the request made by the counsel for the appellant.

5. In BNSS, 2023, S. 413 is analogous to S. 372 CrPC, 1973, and thus the ratio of Celestium Financial shall apply.

6. 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 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, BNSS, 2023, because the CrPC, 1973, has been repealed.

authenticity of this document.

CRM-A-860-MA MA-2016 (O&M)

7. Given above, the Registry is to send this file along with the Trial Court's Record, if any, to the concerned Sessions Division.

8. Leave to appeal is disposed of in the terms mentioned above. All pending application(s), ication(s), if any, stand closed.

(ANOOP CHITKARA) JUDGE

(H.S. GREWAL) JUDGE 13.11.2025 Gurpreet

Whether speaking/reasoned: Yes Whether reportable: No.

authenticity of this document.