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CRM-A-94-2025(O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

239 CRM-A-94-2025 (O&M)

Date of Decision:- 24.03.2026

HARBHAJAN SINGH ......APPELLANT VS.

MOHAN SINGH AND OTHERS ......RESPONDENTS

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:- Mr. J.S. Ghuman, Advocate for the applicant-appellant.

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JASJIT SINGH BEDI, J.(ORAL

CRM-2721-2025

This is an application under Section 05 of the Limitation Act

for condonation of delay of 12 days in filing the appeal.

For the reasons mentioned in the application, the same is

allowed and the delay of 12 days in fling the appeal is hereby condoned.

CRM-A-94-2025

1. The present application has been preferred under Section 419 of the BNSS, 2023 seeking grant of leave to appeal against the judgment of acquittal dated 09.10.2024 passed by the learned Judicial Magistrate First Class, Phillaur in a case stemming from complaint dated 19.08.2017

filed under Sections 307, 452, 323, 324, 341, 148, 149 and 120-B of IPC.

2. The complaint (supra) was filed on the ground of criminal conspiracy, assault, attempt to murder, threats and criminal intimidation. After assessing all the material available on the record, the trial Court

acquitted the respondent vide judgment dated 09.10.2024.

3. The Hon’ble Supreme Court in M/s. Celestium Financial vs.

KUSUM

2026.03.25 17:03 I attest to the accuracy and integrity of this document PHHC Chandigarh

CRM-A-94-2025(O&M) 2

A.Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Speaking through

Justice B.V. Nagarathna, the following was held:

“7.12 The reasons for the above distinction are not far to see and can be elaborated as follows:

Firstly, the victim of a crime must have an absolute right to prefer an appeal which cannot be circumscribed by any condition precedent. In the instant case, a victim under Section 138 of the Act, i.e., a payee or the holder of a cheque is a person who has suffered the impact of the offence committed by a person who is charged of the offence, namely, the accused, whose

cheque has been dishonoured.

Secondly, the right of a victim of a crime must be placed on par with the right of an accused who has suffered a conviction, who, as a matter of right can prefer an appeal under Section 374 of the CrPC. A person convicted of a crime has the right to prefer an appeal under Section 374 as a matter of right and not being

subjected to any conditions.

Similarly, a victim of a crime, whatever be the nature of the crime, unconditionally must have a right to prefer

an appeal.

Thirdly, it is for this reason that the Parliament thought it fit to insert the proviso to sub-section 372 without mandating any condition precedent to be fulfilled by the victim of an offence, which expression also includes the legal representatives of a deceased victim who can

prefer an appeal.

On the contrary, as against an order of acquittal, the KUSUM

2026.03.25 17:03 I attest to the accuracy and integrity of this document PHHC Chandigarh

CRM-A-94-2025(O&M) 3

State, through the Public Prosecutor can prefer an appeal even if the complainant does not prefer such an appeal, though of course such an appeal is with the leave of the court. However, it is not always necessary for the State or a complainant to prefer an appeal. But when it comes to a victim's right to prefer an appeal, the insistence on seeking special leave to appeal from the High Court under Section 378(4) of the CrPC would be contrary to what has been intended by the Parliament

by insertion of the proviso to Section 372 of the CrPC.

Fourthly, the Parliament has not amended Section 378 to circumscribe the victim's right to prefer an appeal just as it has with regard to a complainant or the State filing an appeal. On the other hand, the Parliament has inserted the proviso to Section 372 so as to env