LAKHBIR SINGH Vs. ANIL KUMAR ARORA

JUDGEMENT

(1.) The substantive prayer made in the present appeal reads, thus:

(2.) I have perused the paper-book.

(3.) Before proceeding to consider the application (for grant of special leave to appeal)/appeal, it would be apposite to refer herein to a judgment passed by this Court in CRM-A-826-2025 titled as Raj Kumar vs. Rajender : 2025:PHHC:079740 wherein, this Court, while relying upon the dicta of the Hon'ble Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc. 2025 INSC 804 : 2025(3) RCR (Criminal) 208, has held that an appeal against an order of acquittal in a proceeding under Sec. 138 of the Negotiable Instruments Act, 1881 preferred by the complainant, falls squarely within the purview of proviso to Sec. 372 of Cr.P.C./413 of BNSS, 2023. This judicial enunciation was predicated upon the interpretative understanding that, for the purposes of a complaint under Sec. 138 of the Negotiable Instruments Act, 1881, the complainant is encompassed within the expansive definition of 'victim' as delineated in the Cr.P.C., 1973/BNSS, 2023. Consequently, the complainant is not constrained to pursue the more stringent procedure of seeking special leave to appeal under Sec. 378(4) of Cr.P.C., 1973/419(4) of BNSS, 2023. This Court underscored that the scope and ambit of proviso to Sec. 372 Cr.P.C./413 BNSS are inherently broader and more accommodating when juxtaposed with the comparatively narrower confines of Sec. 378(4) of Cr.P.C., 1973/419(4) of BNSS, 2023, which mandates the procurement of special leave from the High Court for an appeal against an acquittal in a complaint case. However, demonstrating a profound commitment to the overarching principles of justice and a determination to preclude mere procedural technicalities from eclipsing the substantive adjudication of the case, this Court, instead of summarily dismissing the appeal on this technical infirmity, judiciously opted to relegate the appeal, along with accompanying application(s), to the concerned Sessions Court.