[Cites 6, Cited by 0]
Punjab-Haryana High Court
Charanjit Singh vs State Of Haryana And Another on 28 November, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-A-369-2024
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
206
CRM-A-369-2024
Date of Decision: 28.11.2025
Charanjit Singh ......Appellant
Versus
State of Haryana and another ......Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Mandeep Nehra, Advocate
for the appellant.
Mr. Yuvraj Shandilya, A.A.G., Haryana.
***
ANOOP CHITKARA J.
Criminal NACT-125-2019 titled "Charanjeet Singh v/s Jaib Singh" decided on
Complaint 29.01.2024
1. Feeling aggrieved by the trial court's judgment, dismissing the complaint on merits, and
acquitting the accused/respondent, the complainant had come up before this Court by filing the
above-mentioned appeal.
2. Counsel for the appellant 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
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-A-369-2024
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 Lower Court's Record, if any,
to the concerned Sessions Division.
Leave to appeal is disposed of in the terms mentioned above. All pending application(s), if
any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
28.11.2025
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
