ASIAN PAINTS LIMITED Vs. RAM BABU

JUDGEMENT

(1.) Leave granted.

(2.) I.A. No.151948/2024 seeking exemption from filing O.T. is allowed.

(3.) The present Criminal Appeal traces its genesis to the impugned Final Judgment and Order dtd. 9/10/2023 in S.B. Criminal Appeal (SB) No.2354/2022 [2023:RJ-JP:36178] (hereinafter referred to as the 'Impugned Judgment') rendered by a learned Single Judge of the High Court of Judicature for Rajasthan Bench at Jaipur (hereinafter referred to as the 'High Court'), whereby the High Court dismissed the Appellant's appeal under the proviso to Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') as not maintainable. A neat question of law of significance is raised herein, namely, as to whether the Appellant would fall under the definition of 'victim' in terms of Sec. 2(wa) read with the proviso to Sec. 372 of the CrPC or whether Sec. 378 of the CrPC would prevail in the facts and circumstances of the present case.