TaxTMI 
TaxTMI 
2025 (7) TMI 1941
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....ated 13.12.2011, passed by learned Judicial Magistrate, Ist Class, Faridabad, in Complaint Case No. 1931, instituted on 18.10.2002, under Sections 420, 406 and 120-B, IPC, titled as 'M/s Associated Road Carriers Limited v. Manjit Singh and others'. The applicant has also filed separate application under Sections 470(1) and 482 Cr.P.C. read with Section 5 of the Limitation Act, seeking condonation of delay of 603 days in approaching this Court. The reason for causing of such delay, as disclosed in the application is that the complainant/applicant initially filed Criminal Appeal No. 1, dated 06.01.2012, in the Court of Sessions Judge, Faridabad, against the judgment of acquittal, dated 13.12.2011, passed by learned Magistrate. Ho....
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....e would fall under Section 372 or Section 378(4) of Cr.P.C., has been put to rest. Succinctly, in Celestium Financial's case (supra) it has been held that the 'victim' has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. While drawing final conclusions, their Lordships' in Celestium Financial's case (supra) made certain pertinent observations in para Nos. 8 to 10 of the judgment, which are reproduced as under:- "8. The right to prefer an appeal is no doubt a statutory right and the right to prefer an appeal by an accused against a conviction is not merely a statutory right but can also be construed to be a fundamental right under Articles 14 and 21 of the Constitution. If that is so, then....
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.... under the proviso to Section 372 of the CrPC, then in our view, such a victim need not seek special leave to appeal from the High Court. In other words, the victim of an offence would have the right to prefer an appeal, inter alia, against an order of acquittal in terms of the proviso to Section 372 without seeking any special leave to appeal from the High Court only on the grounds mentioned therein. A person who is a complainant under Section 200 of the CrPC who complains about the offence committed by a person who is charged as an accused under Section 138 of the Act, thus has the right to prefer an appeal as a victim under the proviso to Section 372 of the CrPC. 10. As already noted, the proviso to Section 372 of the CrPC was i....
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.... of the NI Act has been given a penal 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 compl....
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....ion 378(4) Cr.P.C., seeking leave to appeal against judgments of acquittal, wherein arguments have not been addressed till date. In fact, these cases are not taken up for years due to the heavy pendency where matters pertaining to life and liberty as well as criminal appeals and revisions take precedence due to their urgent nature and relatively higher stakes. Having considered this aspect, the Co-ordinate Bench in Satish Kumar's case (supra) concluded in para Nos. 25 to 28 as under:- "25. In allowing the victim to file an appeal before the Court of Sessions, without the need to obtain a special leave, the Hon'ble Supreme Court has given a glimmer of hope to the many litigants who are in an endless wait, of being heard and the....
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....er Section 372 of the Cr.P.C. 28. In conclusion, this Court, being an interpreter of law, is duty bound to harmonise contrasting provisions in a manner that best serves the interest of justice, using the method of librere cherche scientifique i.e. free scientific research. Therefore, in view of the judgment rendered by the Hon'ble Supreme Court in Celestium Financial (supra) and the fact that the present application for leave to appeal is pending since 2018, learned Sessions Judge, Mansa is directed to treat the present application/appeal as filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal." Similar view has been followed and applied by the Coordinate Bench in another case titled ....