CRM-A/1311/2023 of SARBJIT KAUR Vs MUKHTIAR SINGH AND ORS.
CRM-A-1311-2023 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
220
CRM-A-1311-2023 (O&M)
Date of Decision: 08.01.2026
Sarbjit Kaur ......Applicant.
Verus
Mukhtiar Singh and Ors. ......Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Ms. Tejinder Kaur, Advocate, for the applic ant.
***
ANOOP CHITKARA J.
Criminal
Complaint
PBGD030016242015
COMI/207/2015
Date of decision: 07.06.2023
1. Feeling aggrieved by the trial court's judgment, ac quitting the
accused/respondents, the complainant had come up be fore this Court by filing the
above-mentioned.
2. Counsel for the appellant prays for transfer of app eal 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.
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[7.8] In the case of an offence alleged against an accused
under Section 138 of the Act, we are of the view th at the
complainant is indeed the victim owing to the alleg ed
dishonour of a cheque. In the circumstances, the
JYOTI
2026.01.08 14:56
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integrity of this document
CRM-A-1311-2023 (O&M) 2
complainant can proceed as per the proviso to Secti on 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 st atutory
right and the right to prefer an appeal by an accused against
a conviction is not merely a statutory right but ca n also be
construed to be a fundamental right under Articles 14 and
21 of the Constitution. If that is so, then the rig ht of a
victim of an offence to prefer an appeal cannot be equated
with the right of the State or the complainant to p refer an
appeal. Hence, the statutory rigours for filing of an appeal
by the State or by a complainant against an order o f
acquittal cannot be read into the proviso to Sectio n 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 insertio n 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 a n offence
is a complainant, he can still proceed under the pr oviso 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
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 i t 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 t he CrPC or BNSS, it shall be
registered under the Proviso to S. 413 BNSS, 2023, because the CrPC, 1973, has
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2026.01.08 14:56
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CRM-A-1311-2023 (O&M) 3
been repealed.
6. Given above, the Registry is to send this file alon g with the Trial Court’s
Record, if any, to the concerned Sessions Division.
7.
’ &
# . All
pending application(s), if any, stand closed.
(ANOOP CHITKARA)
JUDGE
(SUKHVINDER KAUR)
JUDGE
08.01.2026
jyoti3
Whether speaking/reasoned: Yes
Whether reportable: No.
JYOTI
2026.01.08 14:56
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integrity of this document