Disposed¶33

Joginder Singh v. Kulwant Singh

Punjab & Haryana HC5 Dec 2025CRM-A/1285/2019

Case brief

AI extract

What is this about?

Victim/complainant's appeal against acquittal in cheque-dishonour (Section 138) case; leave to appeal converted into appeal under proviso to Section 372 CrPC / Section 413 BNSS 2023 following Celestium Financial v. A. Gnanasekaran (Supreme Court); transfer/referral to Sessions Division; CRM-A-1285-2019 (O&M); High Court of Punjab & Haryana; Anoop Chitkara J.; decided 05.12.2025; reportable: No.

What did the court decide?

Application for leave to appeal disposed of by referring the matter to the Sessions Court for registration as an appeal under the Proviso to S. 372 CrPC / S. 413 BNSS, 2023; Registry to send the file with the Trial Court's record to the concerned Sessions Division; pending applications, if any, closed. ¶33

Joginder Singh Vs Kulwant Singh — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran, the complainant's pending application for leave to appeal against acquittal should be transferred to the first Appellate Court (Sessions Court) and registered as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS, 2023.

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Court's answer

Section 413 of the BNSS, 2023 is analogous to Section 372 of the CrPC, 1973, and accordingly the ratio of Celestium Financial v. A. Gnanasekaran applies.

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Ratio / Principle

The complainant should not face the burden of filing a fresh appeal before the Sessions Court; in the interest of Equity, Justice and Fair play the matter is referred to the Sessions Court to be registered as an appeal under the Proviso to S. 372 CrPC / S. 413 BNSS, 2023; if any objection arises as to whether it falls under the CrPC or the BNSS, it shall be registered under the Proviso to S. 413 BNSS, 2023, because the CrPC, 1973 has been repealed.

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Key takeaways

The Registry is directed to send the file, along with the Trial Court's record, if any, to the concerned Sessions Division.ratio¶33

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Anoop Chitkara, J.), CRM-A-1285-2019 (O&M), decided 05.12.2025 — Complainant's application for leave to appeal against trial court judgment (complaint NACT/206/2017, decided 06.04.2019) acquitting the accused in a cheque-dishonour prosecution. Applying the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208, the Court held that S. 413 BNSS, 2023 is analogous to S. 372 CrPC, 1973 and that the ratio therein applies. So as not to burden the complainant with instituting a fresh appeal, the matter was referred to the Sessions Court to be registered as an appeal under the Proviso to S. 372 CrPC / S. 413 BNSS, 2023; in case of objection as to the applicable code, registration was directed under the Proviso to S. 413 BNSS, 2023, the CrPC, 1973 having been repealed. Registry directed to transmit the file with the trial court record to the concerned Sessions Division; pending applications closed. Whether reportable: No.

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CRM-A-1285-2019

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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207

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CRM-A-1285-2019 (O&M) Date of Decision: 05.12.2025

Joginder Singh

......Applicant

Verus

Kulwant Singh ......Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amandeep Singh Manaise, Advocate for the applicant.

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None for the respondent.

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ANOOP CHITKARA J.

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Criminal	PBGD030009802017
Complaint	NACT/206/2017
	Decided on: 06.04.2019

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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 application for leave to appeal accompanying the appeal.

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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”.

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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 that the complainant is indeed the victim owing to the alleged

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ANJU RANI 2025.12.08 10:48 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

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CRM-A-1285-2019

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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.

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[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 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.

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[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.

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

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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

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ANJU RANI 2025.12.08 10:48 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

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CRM-A-1285-2019

been repealed.

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