OMBIR Vs. BHAGWAT

JUDGEMENT

(1.) The instant application has been filed by the applicant under Sec. 378(4) of the Code of Criminal Procedure (for short 'Cr.P.C.') seeking grant of leave to file appeal against the judgment of acquittal dtd. 21/9/2019 passed by the Court of learned Judicial Magistrate First Class, Hodal in Criminal Complaint bearing No.401 of 2014 titled as 'Ombir Vs. Bhagwat and others', filed under Ss. 420, 467, 468, 120-B IPC, whereby the respondents/accused had been acquitted for commission of aforementioned offence.

(2.) Today, learned counsel for the applicant, while relying upon a recent pronouncement of Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, has submitted that by directing the present application as an appeal, filed under Ss. 372 of Cr.P.C. (which is pari materia with Sec. 413 of Bharatiya Nagarik Suraksha Sanhita, 2023), the same be sent to appropriate Court for its disposal.

(3.) In M/s. Celestium Financial's case (supra), the Hon'ble Supreme Court has interpreted Ss. 372 and 378(4) of Cr.P.C. and has observed that the victim in a private complaint case has a right to file an appeal, under Sec. 372 of Cr.P.C., against the order of acquittal before the Court of Sessions. The Hon'ble Supreme Court has observed as follows: