Orissa High Court
Mudra Ltd vs Adhikar Micro Finance Private ..... ... on 28 October, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.37 of 2025
Mudra Ltd., Maharashtra ..... Petitioner
Represented By Adv. -
Rakesh Sharma
-versus-
Adhikar Micro Finance Private ..... Opposite Parties
Ltd., Bhubaneswar and others
Represented By Adv. -
M/s Niranjan Panda,
Satya Mohapatra,
Sandeep Raj Panda ,
Amrit Anupam
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
28.10.2025 Order No.
03. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner. Perused the application as well as the prayer made therein.
3. The present application has been filed under Section 419(4) of the BNSS with a prayer for grant of leave to prefer an appeal against the order dated 21.02.2025 passed in 1.C.C. Case No.3417 of 2023 by the J.M.F.C.-V, Bhubaneswar.
4. Learned counsel for the Petitioner at the outset contended that after the order dated 21.02.2025 was pronounced wherein the accused persons were acquitted. The petitioner has approached this Court by filing the present petition which was presented on Page 1 of 3. 14.05.2025. Earlier, the Cr.P.C. was amended and proviso to Section 372 (now Section 413 of BNSS) was incorporated granting right to the victim to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence and such appeals will lie to the Court to which an appeal would ordinarily lie against the order of conviction of such Court. Such amendment was incorporated by virtue of the amending Act of 2009 and came into force w.e.f. 31.12.2009. Therefore, pursuant to the aforesaid amendment, Section 372 of Cr.P.C (presently Section 413 of BNSS) has been amended giving right to the victim-complainant has a right to prefer an appeal against the judgment of acquittal under proviso to Section 372 of Cr.P.C (presently proviso to Section 413 of BNSS).
5. Furthermore, the word "Victim" has been defined under Section 2(1)(y) of the BNSS (i.e. erstwhile Section 2(wa) of the Cr.P.C) to mean a person who has suffered any loss or injury cause by the reasons of the act or omission for which the accused persons has been charged and the expression victim includes his or her guardian or legal heir. Since the complainant in the present case falls within the definition of "Victim" under Section 2(1)(y) of the BNSS (i.e. Section 2(wa) of the Cr.P.C), the Petitioner will be covered under the proviso to Section 413 of BNSS.
6. In such view of the matter, this Court is of the view that an appeal under the proviso to Section 413 of BNSS is very well maintainable in view of the aforesaid changed legal scenario. Thus, this Court is of the view that the Petitioner need not seek the leave of this Court to prefer an appeal against the judgment of acquittal, since it is very well open to the Petitioner to prefer an appeal directly under the proviso to Section 413 of BNSS.
Page 2 of 3.7. In view of the aforesaid legal position, this Court deems it proper to remit the matter back to the Appellate Court to entertain the present application as an appeal under the proviso to Section 413 of BNSS. Further, before proceeding for final adjudication of the appeal, by treating the present petition as an appeal memo, the learned trial court shall serve notice on the accused and then proceed with the final adjudication of the appeal.
8. It is further made clear that procedure as is applicable to an appeal preferred against a judgment/order of conviction shall also be applicable to the present appeal.
9. With the aforesaid observations and directions, the CRLLP stands disposed of.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed
Signed by: SANTANU KUMAR ROUT Page 3 of 3.
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 31-Oct-2025 17:43:28