TaxTMI 
TaxTMI 
TaxTMI 
2025 (7) TMI 1939
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.... a cheque bearing No.029160 dated 12.07.2017 for the amount of Rs.5,80,000/-, drawn on ICICI Bank, Mansa. However, on presentation for encashment, the same was dishonoured vide memo dated 17.07.2017 with the remarks- funds insufficient and account dormant. Consequently, the applicantappellant served a legal notice dated 20.07.2017 on the respondent. Since the respondent failed to make the requisite payment in the stipulated time, complaint (supra) was filed against him. After assessing all the material available on the record, the learned trial Court acquitted the respondent vide judgment dated 07.09.2018. * IMPACT OF THE DECISION IN CELESTIUM FINANCIAL CASE 3. There has been an ongoing debate whether the right of the victim to file an appeal against acquittal in a complaint case would fall under Section 372 or Section 378(4) of Cr.P.C. The same was recently put to rest by the Hon'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208. 4. Till recently, there was a variation in the opinion expressed by various High Courts regarding the maintainability of an appeal against acquittal by the jurisdictional Magistrate. Some High Cour....
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....ave a right to prefer an appeal. Thirdly, it is for this reason that the Parliament thought it fit to insert the proviso to sub-section 372 without mandating any condition precedent to be fulfilled by the victim of an offence, which expression also includes the legal representatives of a deceased victim who can prefer an appeal. On the contrary, as against an order of acquittal, the State, through the Public Prosecutor can prefer an appeal even if the complainant does not prefer such an appeal, though of course such an appeal is with the leave of the court. However, it is not always necessary for the State or a complainant to prefer an appeal. But when it comes to a victim's right to prefer an appeal, the insistence on seeking special leave to appeal from the High Court under Section 378(4) of the CrPC would be contrary to what has been intended by the Parliament by insertion of the proviso to Section 372 of the CrPC. Fourthly, the Parliament has not amended Section 378 to circumscribe the victim's right to prefer an appeal just as it has with regard to a complainant or the State filing an appeal. On the other hand, the Parliament has inserted the....
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....ttal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.] (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1 [the Central Government may, subject to the provisions of subsection (3), also direct the Public Prosecutor to present an appeal- (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court] under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acq....
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....eaving a scope of mischief or makes two different interpretations feasible. The Legislature, in its wisdom, could not have intended to confer a right to file an appeal against the judgment of acquittal rendered by a Magistrate, upon a victim, before the Court of Sessions under Section 372 of the Cr.P.C. and also the High Court, subject to grant of special leave under Section 378(4) of the Cr.P.C. Since two parallel provisions exist for the redressal of the grievance of the victim against the judgment of acquittal of the accused, harmonious construction of both is imperative to suppress this mischief and further the cause of justice. 9. A similar view was echoed by a two Judge of the Hon'ble Supreme Court in Badshah vs. Sou. Urmila Badshah Godse and another (2014) 1 SCC 188, wherein, speaking through Justice A.K. Sikri, the following was opined: "16. The law regulates relationships between people. It prescribes patterns of behaviour. It reflects the values of society. The role of the court is to understand the purpose of law in society and to help the law achieve its purpose. But the law of a society is a living organism. It is based on a given factual and social reality....
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.... constructive task of finding the intention of Parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which gave rise to it and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give "force and life" to the intention of the legislature. That was clearly laid down (3 Co. Rep. 7b) by the resolution of the judges [Sir Roger Man wood, C.B., and the other barons of the Exchequer] in Heydon's case (4), and it is the safest guide to-day. Good practical advice on the subject was given about the same time by Plowden in his note (2 Plowd. 465) to Eyston v. Studd (1574) 2 Plowd. 463 : 42 Digest 653, 379. Put into homely metaphor it is this : A judge should ask himself the question how, if the makers of the Act had themselves come across this ruck in the texture of it, they would have straightened it out? He must then do as they would have done. A judge must not alter the material of which the Act is woven, but he can and should iron out the creases. " 11. The same approach has also been reiterated and relied upon by the Hon'ble Supreme Court in Bangalore Water S....
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.... construction of the Act in such a manner so as to see that the object of the Act is fulfilled, which in turn would lead the beneficiary under the statutory scheme to fulfil its constitutional obligations as held by the Court inter alia in Ashoka Marketing Ltd. 52. Barak in his exhaustive work on "Purposive Construction " explains various meanings attributed to the term "purpose". It would be in the fitness of discussion to refer to Purposive Construction in Barak's words: "Hart and Sachs also appear to treat 'purpose' as a subjective concept. I say 'appear' because, although Hart and Sachs claim that the interpreter should imagine himself or herself in the legislator's shoes, they introduce two elements of objectivity: First, the interpreter should assume that the legislature is composed of reasonable people seeking to achieve reasonable goals in a reasonable manner; and second, the interpreter should accept the nonrebuttable presumption that members of the legislative body sought to fulfill their constitutional duties in good faith. This formulation allows the interpreter to inquire not into the subjective intent of the author, but rather....
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....ice T.L. Venkatarama Ayyar, the following was opined: 13. ...It is no doubt true that if on its true construction, a statute leads to anomalous results, the Courts have no option but to give effect to it and leave it to the legislature to amend and alter the law. But when on a construction of a statute, two views are possible, one which results in an anomaly and the other, not, it is our duty to adopt the latter and not the former, seeking consolation in the thought that the law bristles with anomalies. Anomalies will disappear, and the law will be found to be simple and logical, if it is understood that when a question is raised in an election petition as to the propriety of the rejection of a nomination paper, the point to be decided is about the propriety of the nomination and not the decision of the returning officer on the materials placed before him, and that decision must depend on whether the candidate is duly qualified and is not subject to any disqualifications as provided in Section 36(2)." 17. In order to further the cause of justice and advance the specific remedy intended to be provided by the legislature, it is imperative to engage in the exercise of purp....
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....enal nature by the Legislature, the victim of such misdemeanor would be entitled to the same right, in spite of the fact that a private complaint is filed in this regard. Thus, the right of the victim under Section 372 Cr.P.C. cannot be limited to cases where criminal law machinery was set into motion by registration of an FIR only. 22. In a case instituted on a police report under Section 173 of the Cr.P.C, the victim has a right to challenge the acquittal of the accused before the Court of Sessions. On the other hand, the victims are compelled to travel long distances to the High Court and seek leave of the Court under Section 378(4) Cr.P.C. to pursue an appeal against acquittal in a private complaint case. It stands against reason to put the victim to such disadvantage. The inadvertent gap left by the legislature has caused hardship and inconvenience to the victim and creates an anomaly. Further, another incongruent situation arises when some of the accused are acquitted while some stand convicted in a privately instituted complaint case. The appeal against conviction, per Section 374 of the Cr.P.C. lies before the Court of Sessions while the victim would have to travel to th....