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M/S Om Traders v. M/S Shivalik Enterprises & Anr.

Punjab & Haryana HC8 Dec 2025CRR(F)/30/2017

Case brief

AI extract

What is this about?

Complainant's appeal against acquittal in a Section 138 cheque-dishonour case (M/s Om Traders v. M/s Shivalik Enterprises) transferred by Punjab & Haryana High Court (single judge, Anoop Chitkara J., 08.12.2025) to the Sessions Division for fresh registration under the proviso to Section 372 CrPC / Section 413 BNSS, 2023, following the Supreme Court ruling in Celestium Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208.

What did the court decide?

Appellant's prayer for transfer allowed: the matter referred to the Sessions Division to be registered as an appeal under the Proviso to S. 372 CrPC / S. 413 BNSS, 2023; Registry directed to send the file along with the trial court's record to the concerned Sessions Division; all pending application(s) stand disposed of. ¶34

M/S Om Traders Vs M/S Shivalik Enterprises & Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the complainant-appellant's criminal appeal against acquittal should be transferred from the High Court to the Sessions Court (first Appellate Court) to be registered as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS, 2023.

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Court's answer

Section 413 BNSS, 2023 is analogous to Section 372 CrPC, 1973, and the ratio of the Supreme Court judgment applies.

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Ratio / Principle

The complainant should not be made to file the appeal afresh; in the interest of equity, justice and fair play the matter is referred to the Sessions Court, where it shall be registered as an appeal under the Proviso to S. 372 CrPC/413 BNSS, 2023 as applicable; if any objection is raised as to whether it falls under the CrPC or BNSS, it shall be registered under the Proviso to S. 413 BNSS, 2023, since the CrPC, 1973, has been repealed.

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Detailed headnote1 paragraphs

Criminal Appeal (CRA-AS-30-2017), Punjab & Haryana High Court at Chandigarh, Anoop Chitkara J., decided 08.12.2025 — Appeal by complainant (cheque-dishonour case under Section 138) against trial court judgment dismissing the complaint on merits and acquitting the accused — On appellant's prayer, and relying on Celestium Financial v. A. Gnanasekaran, 2025(3) RCR(Criminal) 208 (SC), the Court held S. 413 BNSS, 2023 analogous to S. 372 CrPC, 1973, and referred the matter to the Sessions Division for registration as an appeal under the Proviso to S. 372 CrPC/413 BNSS, 2023; in case of objection, registration to be under the Proviso to S. 413 BNSS, 2023 as the CrPC, 1973 stands repealed — Whether speaking/reasoned: Yes; Reportable: No.

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CRA-AS-30-2017

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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203

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CRA-AS-30-2017 Date of Decision: 08.12.2025

M/s Om Traders

......Appellant

Verus

M/s Shivalik Enterprises and another ......Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Sudhir Aggarwal, Advocate for the appellant.

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Mr. Devinder Singh, Advocate for the respondent.

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ANOOP CHITKARA J.

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Criminal No.1727 AG of 2013/2014 Complaint(s) Date of decision: 29.10.2014

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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 leave to appeal, which was converted into present appeal.

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Counsel for the appellant 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 15:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

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CRA-AS-30-2017

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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 been repealed.

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ANJU RANI 2025.12.08 15:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

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CRA-AS-30-2017

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

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)� �� � *��'�� $ ��. All pending application(s), if any, stand disposed of.