Disposed¶14

Shyam Lal v. Vinod Kumar and Ors.

Punjab & Haryana HC17 Sept 2025CRM-A/1380/2017

Case brief

AI extract

What is this about?

Shyam Lal v Vinod Kumar; CRM-A-1380-MA-2017 (O&M); leave to appeal; acquittal 27.01.2017; Judicial Magistrate 1st Class Rohtak; Sections 323 448 452 379 506 IPC; Section 378(4) CrPC; proviso Section 372 CrPC; Section 2(wa) CrPC victim; Section 413 BNSS 2023; Section 138 NI Act; M/s Celestium Financial vs A. Gnanasekaran 2025 SCC OnLine 1320; complainant as victim; maintainability of appeal against acquittal; Punjab & Haryana High Court; Aman Chaudhary; 17.09.2025.

What did the court decide?

Application disposed of with direction to the concerned Sessions Judge to treat it as having been filed under Section 372 Cr.P.C. and assign it to the Court concerned for decision; Registry to send complete paper-book and trial Court record forthwith and inform the parties. ¶14

Shyam Lal Vs Vinod Kumar and Ors. — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant's challenge to the acquittal dated 27.01.2017 is maintainable, and under which provision it should be entertained — the leave-to-appeal application filed under Section 378(4) Cr.P.C. or, per M/s Celestium Financial (SC), as an appeal by the complainant as 'victim' under the proviso to Section 372 Cr.P.C.

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Court's answer

In view of the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 (appeal by complainant as 'victim' maintainable under proviso to Section 372 Cr.P.C., corresponding Section 413 BNSS 2023), this Court disposed of the present application by directing the concerned Sessions Judge to treat it as having been filed under Section 372 Cr.P.C. and to assign it to the Court concerned for deciding it.

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Key takeaways

Registry directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the parties.obiter¶15

Detailed headnote1 paragraphs

Punjab & Haryana High Court, Chandigarh (Aman Chaudhary, J., oral), CRM-A-1380-MA-2017 (O&M), decided 17.09.2025 — Shyam Lal (applicant-appellant) v. Vinod Kumar and Others. Application under S.378(4) Cr.P.C. for leave to appeal against acquittal dated 27.01.2017 by the Judicial Magistrate 1st Class, Rohtak in a complaint under Sections 323, 448, 452, 379 and 506 IPC. Relying on the Supreme Court's decision in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320 (complainant in a S.138 NI Act complaint treated as 'victim' under S.2(wa) Cr.P.C.; appeal maintainable under proviso to S.372 Cr.P.C., corresponding S.413 BNSS 2023), the Court disposed of the application by directing the concerned Sessions Judge to treat it as filed under S.372 Cr.P.C. and assign it to the Court concerned for decision; Registry directed to forward the paper-book and trial Court record and inform the parties.

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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227

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CRM-A-1380-MA-2017 (O&M) Date of decision: 17.09.2025

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Shyam Lal

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....applicant-appellant

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Versus

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Vinod Kumar and Others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

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Present : Mr. Gunjan Mehta, Advocate for the applicant-appellant *********

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AMAN CHAUDHARY, J. (ORAL)

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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 27.01.2017 passed by the learned Judicial Magistrate 1 st Class, Rohtak in a complaint filed under Sections 323, 448, 452, 379 and 506 IPC.

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2 . Hon’ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc. , 2025 SCC OnLine 1320, held that an appeal is maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint under Section 138 NI Act, by treating the complainant therein, as a ‘victim’ within the meaning under Section 2 (wa) of Cr.P.C, in view of which, the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it.

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Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwit h, while also informing the parties.

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17.09.2025	(AM	AN CHAUDHARY)
M.Kamra		JUDGE
Whether speaking/reasoned	: Yes	/ No
Whether reportable	: Yes	/ No

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MOHIT 2025.09.17 18:21 I attest to the accuracy and integrity of this document

Shyam Lal v. Vinod Kumar and Ors.

Case brief

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Shyam Lal v. Vinod Kumar and Ors.

Case brief

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