Celestium Financial vs A. Gnanasekaran 2025 INSC 804 - S.372 CrPC - Victim's Right To Appeal - Cheque Bounce Cases

Code of Criminal Procedure 1973 - Sections 372,378 [Section 413,419 BNSS] - The victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the CrPC. (Para 10) However, if the complainant is not a victim and intends to file an appeal, in such a case a complainant would have to proceed under Section 378 of the CrPC which circumscribes the right to file an appeal by virtue of the conditions which are stipulated under the said Section. (Para 6.6) The victim of a crime must have an absolute right to prefer an appeal which cannot be circumscribed by any condition precedent. (Para 7.12) - [Referred to Mallikarjun Kodagali vs State of Karnataka, (2019) 2 SCC 752 -Followed view taken by Madan B. Lokur J. ]

Negotiable Instruments Act 1881 - Section 138; Code of Criminal Procedure 1973 - Section 2(wa) - In the case of an offence alleged against an accused under Section 138 of the NI Act, the complainant is indeed the victim owing to the alleged dishonour of a cheque. In the circumstances, the complainant can proceed as per the proviso to Section 372 of the CrPC and he may exercise such an option and he need not then elect to proceed under Section 378 of the CrPC. (Para 7.8) Merely because the proceeding under Section 138 of the Act commences with the filing of a complaint under Section 200 of the CrPC by a complainant, he does not cease to be a victim inasmuch as it is only a victim of a dishonour of cheque who can file a complaint- Under Section 138 of the Act both the complainant as well as the victim are one and the same person (Para 7.9)

Code of Criminal Procedure 1973 - Section 2(wa) - The expression ‘victim’ means a person who has suffered any loss or injury. The loss or injury could be either physical, mental, a financial loss or injury. The expression injury could also be construed as a legal injury in a wider sense and not just a physical or a mental injury. The loss or injury must be caused by reason of an act or omission for which the accused person has been charged. Thus, it can be both by a positive act or negatively by an omission which is at the instance of the accused and for which such accused has been charged. Further, the expression ‘victim’ also includes his/her guardian or legal heir in the case of demise of the victim. the expression ‘victim’ has been couched in a broad manner so as to include a person who has suffered any loss or injury. The expressions ‘loss’ or ‘injury’ themselves are of a very broad import which expressions also enlarge the scope of the expression ‘victim’. Further, the expression ‘victim’ includes not only the person who has suffered any loss or injury caused by reason of any act or omission for which the accused person has been charged but also includes his or her guardian or legal heir which means that the definition of victim is inclusive in nature. (Para 6.4,6.5)

Charge - Charge is actually a precise formulation of the specific accusation made against a person who is entitled to know its nature at the earliest stage. The charge is against a person in respect of an act committed or omitted in violation of penal law forbidding or commanding it. In other words, a charge is an accusation made against a person in respect of offence alleged to have been committed by him. (Para 6.7.1) In a fuller and more accurate sense, the expression charge includes the responsibility for the crime. As a formal complaint, a charge signifies an accusation, made in a legal manner of legal conduct, either of omission or commission by the person charged. A person charged with a crime means something more than being suspected or accused of a crime by popular opinion or rumour and implies that the offence has been alleged against the accused parties according to the forms of law. The purpose of a charge is to tell an accused person as precisely and consciously as possible of the matter with which he is charged with. Thus, the expression charge includes the element of offence and also reference to the person who is alleged to have committed the offence. (Para 6.7..2)

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Victim Of Offence Has Right To Prefer Appeal U/S. 372 Proviso CrPC Irrespective Of Whether He Is Complainant Or Not: Supreme Court

The Supreme Court said that Section 138 of the Negotiable Instruments Act, 1881 being in the nature of a penal provision by a deeming fiction against an accused who is said to have committed an…

VerdictumSwasti Chaturvedi

Referred in:

Radhika Traders v. Ashtalaxmi Trading Company - S.138 NI Act- Cheque Bounce - Appeal By Complainant

Negotiable Instruments Act 1881 - Section 138 -Complainant in a case under Section 138 of the Act is entitled to maintain an appeal against acquittal even without seeking the leave of the Court - Referred to Celestium Financial Vs. A. Gnanasekara. (Para 5) Case Info Case Name and Neutral Citation

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