Whether the complainant’s opposition should be treated as a criminal appeal against an implicit non-entry decision on fraud
Yes. Because the penal order resolved only part of the complaint, the omitted fraud charge constituted an implicit partial dismissal/non-entry, which is challenged by appeal rather than opposition.
When a prosecutor addresses only part of the reported facts/offences in a penal order, the unaddressed part is treated as an implicit partial closing decision. Under the CPP, such a decision is reviewable by appeal.