MUNENDRA KUMAR SINGH Vs. SANDHYA SINGH

JUDGEMENT

(1.) The instant application has been filed under Sec. 419(4) of BNS, seeking grant of leave to file an appeal against the order dtd. 14/7/2023, passed by the learned Judicial Magistrate Ist Class, Gurugram, in complaint case bearing No.COMI-337-2015, titled as 'Mr. Munendra Kumar Singh Vs. Sandhya Singh & ors.', filed under Sec. 379, 406 and 452 IPC, whereby the respondents were not summoned after recording of the preliminary evidence.

(2.) Today, the case was fixed for addressing arguments on the application. Learned counsel for the appellant, while relying upon a judgment passed by Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, made the submission while treating 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.) 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. 419(4) of BNS. 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. 419(4) of BNS, 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: