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2024 DAILYLAW 3035 (PNJ)

JARNAIL SINGH THROUGH HIS LRS v. STATE OF PUNJAB AND OTHERS

CRM-A/1112/2024 · 2026-07-28

Sukhvinder Kaur, Vinod S Bhardwaj

body2024

Judgment text

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CRM-A-1112-2024 IN THE HIGH COURT OF PUNJAB & HARYANA 214 Jarnail Singh through His Lrs State of Punjab and Ors. CORAM : HON'BLE MR. JUSTICE HON'BLE MRS. JUSTICE Present :- Mr. Ms. Akshita Kansal, Advocate Mr. Aditya Rampal, Advocate, Mr. Mr. R.S. Manhas, Advocate For respondent No.2, 3 and 4. VINOD S. BHARDWAJ The present application has of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal passed by the learned case stemming from Sections 406, 420, 465, 467, 471, 120 B read with Section 34 of Indian Penal Code, 1860. 2. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 2024(O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-1112 Date of decision: Jarnail Singh through His Lrs VERSUS and Ors. HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MRS. JUSTICE SUKHVINDER KAUR . Nikhil Ghai, Advocate with Ms. Akshita Kansal, Advocate Mr. Aditya Rampal, Advocate, for the applicant. Mr. Mohit Kapoor, Sr. DAG, Punjab. Mr. R.S. Manhas, Advocate For respondent No.2, 3 and 4. ***** VINOD S. BHARDWAJ, J. (Oral) The present application has been preferred under of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal against the judgment of acquittal dated learned Chief Judicial Magistrate, case stemming from criminal complaint CIS No. COMI Sections 406, 420, 465, 467, 471, 120 B read with Section 34 of Indian Penal Code, 1860. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1112-2024(O&M) Date of decision: 28.07.2026 ...Applicant ...Respondents VINOD S. BHARDWAJ SUKHVINDER KAUR for the applicant. Mohit Kapoor, Sr. DAG, Punjab. been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking judgment of acquittal dated 18.03.2024 Judicial Magistrate, SAS Nagar Mohali, in a CIS No. COMI-74-2017 filed under Sections 406, 420, 465, 467, 471, 120 B read with Section 34 of Indian After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated JYOTI 2026.07.29 16:26 I attest to the accuracy and integrity of this document CRM-A-1112-2024(O&M) -2- 18.03.2024. 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, SAS Nagar, Mohali, with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C.(now Section 413 of BNSS) and entrust the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, SAS Nagar, Mohali, forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) JUDGE (SUKHVINDER KAUR) 28.07.2026 JUDGE Jyoti3 Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JYOTI 2026.07.29 16:26 I attest to the accuracy and integrity of this document