Surinder Singh v. Shiv Kumar
Case brief
What is this about?
Victim's appeal against acquittal; proviso to Section 372 Cr.P.C. versus Section 378(4) Cr.P.C.; complainant as 'victim' under Section 2(wa) Cr.P.C.; Section 138 Negotiable Instruments Act acquittal; leave to appeal treated/converted as appeal under Section 372 before Sessions Court; Celestium Financial followed; Associated Road Carriers and Satish Kumar relied upon; Mallikarjun Kodagali referred; delay condonation not required; Punjab & Haryana High Court; CRM-A (O&M) leave to appeal; Section 413 BNSS 2023 correspondence.
What did the court decide?
Application under Section 378(4) Cr.P.C. disposed of; learned Sessions Judge, Ludhiana directed to treat the leave to appeal as an appeal under Section 372 Cr.P.C. and entrust it to an appropriate Court to be decided on merits expeditiously; appellate court not to insist on the delay aspect; Registry directed to transmit the order, paper-book and trial court record to the Sessions Judge, Ludhiana.