BRIJESH KUMAR Vs. PAWAN KUMAR KAMBOJ

JUDGEMENT

(1.) The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Ss. 379, 506 and 34 of IPC, whereby the complaint filed by the applicant was dismissed and the accused was acquitted.

(2.) The limited question arising for consideration in the present proceedings is whether an appeal against an order of acquittal passed in a complaint case can be entertained under the proviso to Sec. 372 of the Cr.P.C. at the instance of the complainant?

(3.) The issue is no longer res integra. In 'M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804: 2025(3) RCR (Criminal) 208', Hon'ble Supreme Court has held that a complainant in a prosecution under Sec. 138 of the NI Act, qualifies as a 'victim' under Sec. 2(wa) of the Cr.P.C., being the person who suffers financial loss due to the dishonour of a cheque. Consequently, such a complainant is entitled to pursue an appeal against acquittal under the proviso to Sec. 372 of the Cr.P.C., without the requirement of seeking special leave under Sec. 378(4) of the Cr.P.C. A Division Bench of this Court in Law Finder Doc ID # 2779901 titled as 'Bawa Singh Vs. State of Punjab' in a case pertaining to Ss. 420, 467, 468, 471, 120-B IPC, has held that appeal against acquittal in a complaint case lies to the Court of Sessions in terms of Sec. 378(4) of the Cr.P.C. and the complainant in the complaint case qualifies as a victim under Sec. 2(wa) of the Cr.P.C. Resultantly, this Court deems it appropriate to direct the present appeal to be treated as one instituted under the proviso to under Sec. 372 of Cr.P.C.