[Cites 9, Cited by 0]
Punjab-Haryana High Court
Vishal Yadav vs Ram Niwas on 23 January, 2026
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
CRA-AS-122-2017 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
223 CRA-AS-122-2017
Date of Decision:-23.01.2026
VISHAL YADAV ......APPELLANT
VS.
RAM NIWAS ......RESPONDENT
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. R.S. Randhawa, Advocate
for the applicant-appellant.
Mr. Ved Parkash, Advocate for respondent.
***
JASJIT SINGH BEDI, J.(ORAL)
1. The present application has been preferred under Section
378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'CR.P.C.')
seeking grant of leave to appeal against the judgment of acquittal dated
04.11.2014 passed by the learned Judicial Magistrate Ist Class, Gurgaon
in a case stemming from complaint dated 05.08.2013 filed under Section
138 of Negotiable Instruments Act, 1881 (hereinafter to be referred as 'NI
Act').
2. A perusal of the file would reveal that vide order dated
16.08.2017 passed by the Co-ordinate Bench of this Court, the present
application seeking leave to appeal was allowed/granted and the same is
treated as CRA-AS-122-2017.
3. The complaint (supra) was filed on the ground of dishonour
of two cheques amounting to Rs.20,00,000/- each. After assessing all the
material available on the record, the learned trial Court acquitted the
respondent vide judgment dated 04.11.2014.
4. The Hon'ble Supreme Court in M/s. Celestium Financial vs.
A.Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable
discussion and comparative interpretation of Sections 372 and 378(4) of
Cr.P.C., concluded that the victim has a right to file an appeal under
Section 372 of Cr.P.C. before the Court of Sessions. Speaking through
Justice B.V.Nagarathna, the following was held:
"7.12 The reasons for the above distinction are not far
to see and can be elaborated as follows:
Firstly, the victim of a crime must have an absolute
right to prefer an appeal which cannot be
circumscribed by any condition precedent. In the
instant case, a victim under Section 138 of the Act, i.e.,
a payee or the holder of a cheque is a person who has
suffered the impact of the offence committed by a
person who is charged of the offence, namely, the
accused, whose cheque has been dishonoured.
Secondly, the right of a victim of a crime must be
placed on par with the right of an accused who has
suffered a conviction, who, as a matter of right can
prefer an appeal under Section 374 of the CrPC. A
person convicted of a crime has the right to prefer an
appeal under Section 374 as a matter of right and not
being subjected to any conditions.
Similarly, a victim of a crime, whatever be the nature of
the crime, unconditionally must have a right to prefer
an appeal.
Thirdly, it is for this reason that the Parliament thought
it fit to insert the proviso to sub-section 372 without
mandating any condition precedent to be fulfilled by
the victim of an offence, which expression also includes
the legal representatives of a deceased victim who can
prefer an appeal.
On the contrary, as against an order of acquittal, the
State, through the Public Prosecutor can prefer an
appeal even if the complainant does not prefer such an
appeal, though of course such an appeal is with the
leave of the court. However, it is not always necessary
for the State or a complainant to prefer an appeal. But
when it comes to a victim's right to prefer an appeal,
the insistence on seeking special leave to appeal from
the High Court under Section 378(4) of the CrPC
would be contrary to what has been intended by the
Parliament by insertion of the proviso to Section 372 of
the CrPC.
Fourthly, the Parliament has not amended Section 378
to circumscribe the victim's right to prefer an appeal
just as it has with regard to a complainant or the State
filing an appeal. On the other hand, the Parliament has
inserted the proviso to Section 372 so as to envisage a
superior right for the victim of an offence to prefer an
appeal on the grounds mentioned therein as compared
to a complainant.
Fifthly, the involvement of the State in respect of an
offence under Section 138 of the Act is conspicuous by
its absence. This is because the complaint filed under
that provision is in the nature of a private complaint as
per Section 200 of the CrPC and Section 143 of the Act
by an express intention incorporates the provisions of
the CrPC in the matter of trial of such a deemed
offence tried as a criminal offence. Therefore, the
complainant, who is the victim of a dishonour of
cheque must be construed to be victim in terms of the
proviso to Section 372 read with the definition of victim
under Section 2(wa) of the CrPC."
5. In view of the judgment rendered by the Hon'ble Supreme
Court in Celestium Financial (supra) and this Court in Satish Kumar vs.
Jugal Kishor in CRM-A-277-MA-2016 decided on 02.07.2025, the
learned Sessions Judge, Gurgaon, Haryana directed to treat the present
leave to appeal as an appeal filed under Section 372 of the Cr.P.C. and
entrust the same to appropriate Court for its disposal.
6. The Registry is directed to send the complete paperbook and
the record of the case to the learned Sessions Judge, Gurgaon, Haryana
forthwith.
7. Disposed of accordingly.
8. Pending miscellaneous applications, if any, also stands
disposed of.
( JASJIT SINGH BEDI )
JUDGE
January 23, 2026
Kusum
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
