GOPAL KRISHAN HOODA vs ASHWANI KUMAR BHAGAT

CRM-A-1719-MA-2014 (O&M) 1 119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-1719-MA-2014 (O&M) Date of decision: 05.05.2026 Gopal Krishan Hooda .. Applicant versus Ashwani Kumar Bhagat .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. J.S. Sohal, Advocate for Mr. Vipin Pal Yadav, Advocate for the applicant. Mr. Y.S. Sodhi, Advocate for the respondent. ****** Rajesh Bhardwaj, J. (Oral) 1. The applicant has filed the present application under Section 378(4) Cr.P.C. for grant of leave to file an appeal against the impugned order dated 05.08.2014 passed by the learned Additional Chief Judicial Magistrate, Panchkula, whereby the Court below has acquitted the respondent-accused in a complaint filed under Section 420 of the Indian Penal Code, (for short, ‘the Act’). 2. Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions. Relevant para of the said judgment is as under:- MAMTA 2026.05.05 18:27 I