Mamta Devi v. Vinod Kumar
Case brief
What is this about?
Victim/complainant appeal against acquittal in privately instituted complaint; Section 372 Cr.P.C. versus Section 378(4) Cr.P.C. route; conversion of CRM-A leave-to-appeal into Section 372 appeal before Sessions; Section 138 Negotiable Instruments Act, 1881 acquittal (Yamuna Nagar); reliance on M/s Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), M/s Associated Road Carriers Ltd. v. Manjit Singh (CRM-A-885-MA-2013) and Satish Kumar v. Jugal Kishor (CRM-A-2700-MA-2018); delay/limitation aspect relaxed for such converted appeals; Section 2(wa) Cr.P.C. 'victim'; Punjab and Haryana High Court; Justice Sanjay Vashisth.
What did the court decide?
Leave-to-appeal application under Section 378(4) Cr.P.C. directed to be treated by the learned Sessions Judge, Yamuna Nagar, as an appeal under Section 372 Cr.P.C., entrusted to an appropriate Court to be decided on merits as expeditiously as possible, without adherence to the delay aspect; Registry to transmit the order and complete paper-book to the Sessions Judge and return the Trial Court record.