Subhash v. Rakesh And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-A-1866-MA-2016 (O&M) Decided on : 10.11.2025 SUBHASH . . . Applicant-Appellant

Versus

RAKESH AND ORS.

. . . Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present: Mr. Ashwani Bhardwaj, Advocate for the applicant/appellant. (through hybrid mode) **** AMAN CHAUDHARY, J. (Oral) 1.

The present appeal has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') against the judgment of acquittal 09.08.2016 passed by the learned Judicial Magistrate 1st Class, Hisar, in a complaint filed under Sections 323, 325, 452, 506, 34 of IPC. 2.

Hon'ble the Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC OnLine 1320, held that an appeal is maintainable under the proviso of Section 372 Cr.P.C. (corresponding Section 413 of BNSS, 2023) against an order of acquittal passed in a complaint under Section 138 NI Act, by treating the complainant therein, as a 'victim' within the meaning under Section 2 (wa) of Cr.P.C, in view of which, the present appeal is disposed of by directing the concerned Sessions Judge, for treating it to have been filed under Section 372 of Cr.P.C. and assigning the same to the Court concerned for deciding it.

3.

Registry is directed to send the complete paper-book and trial Court record, if received, along with the said order forthwith, while also informing the parties.

(AMAN CHAUDHARY) JUDGE November 10, 2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.11.10 19:26 I attest to the accuracy and integrity of this document