GURSHARAN SINGH Vs. JASVIR SINGH

JUDGEMENT

(1.) Appellant had filed an application seeking grant of leave to appeal against the judgment of acquittal dtd. 3/12/2016, passed by learned Judicial Magistrate Ist Class, Moga, in Complaint case bearing No. 53 dtd. 17/8/2015, instituted on 17/8/2015, under Sec. 138 of the Negotiable Instruments Act, 1881, titled as 'Gursharan Singh Vs. Jasvir Singh', whereby the complaint filed by the Appellant herein was dismissed by acquitting the accused. The said application was allowed by the Co-ordinate Bench of this Court, vide order dtd. 3/10/2017. Accordingly, appeal No. CRA-AS-173-2017, has been assigned to the present case.

(2.) Today, the case was fixed for addressing arguments on the present case. Learned counsel for the parties, while relying upon a judgment passed by Hon'ble Supreme Court in M/s. Celestium Financial submission that the present appeal filed under Ss. 372 of Cr.P.C. (which is pari materia with Sec. 413 of Bharatiya Nagarik Suraksha Sanhita, 2023), be sent to appropriate Court for its disposal.

(3.) Prior to judgment of Hon'ble Supreme Court in M/s. Celestium Financial's case (supra), as per judgment in case M/s Tata Steel Limited Vs. M/s Atma Tube Produced Limited, 2013(2), R.C.R (Criminal), 1005, rendered by Full Bench of this Court, a victim in a private complaint case can challenge the judgment of acquittal by filing an appeal only before the High Court, after seeking special leave to appeal under Sec. 378(4) of Cr.P.C. The Hon'ble Supreme Court in M/s. Celestium Financial's case (supra) after comparative interpretation of under Sec. 372 of Cr.P.C. and Sec. 378(4) of Cr.P.C. observed that the victim has a right to file an appeal under Sec. 372 of Cr.P.C. before the Court of Sessions. The Hon'ble Supreme Court has observed as follows: