IN THE HIGH COURT OF PUNJAB & HARYANA 248 Neeraj Dhawan Narinder Mahajan CORAM : HON'BLE MR. JUSTICE Present :- Mr. Mr. Jagjit Singh Saini, Advocate, VINOD S. BHARDWAJ CRM-2358-2025 Allowed as prayed for. Main case The present application has of the Bharatiya Nagarik Suraksha Sanhita, 2023 appeal against the learned Judicial Magistrate First Class, Gurdaspur complaint dated Instruments Act, 1881 2. The complaint (supra) was filed on th cheque of Rs.5,00,000/ record, the learned trial Court acquitted the respondent(s) vide judgment dated 23.10.2024 2. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-67 Date of decision: VERSUS Narinder Mahajan HON'BLE MR. JUSTICE VINOD S. BHARDWAJ . Dheeraj Mahajan, Advocate and Mr. Jagjit Singh Saini, Advocate, for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) 2025 Allowed as prayed for. The present application has been preferred under Bharatiya Nagarik Suraksha Sanhita, 2023 the judgment of acquittal dated Judicial Magistrate First Class, Gurdaspur dated 06.07.2019 filed under Section 138 of the Negotiable Instruments Act, 1881. The complaint (supra) was filed on th 5,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment 23.10.2024 Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 67-2025 (O&M) Date of decision: 22.09.2025 ...Applicant ...Respondent VINOD S. BHARDWAJ Dheeraj Mahajan, Advocate and for the applicant. been preferred under Section 419(4) Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of leave to judgment of acquittal dated 23.10.2024 passed by the Judicial Magistrate First Class, Gurdaspur in a case stemming from Section 138 of the Negotiable The complaint (supra) was filed on the ground of dishonour of After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment Learned counsel appearing on behalf of the applicant submits Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) SUMIT SINGH GUSAIN 2025.09.24 19:06 I attest to the accuracy and integrity of this document 248 CRM-A-67-20 208, the applicant would have a reme 3. In view of the judgment rendered by the Apex Court in Celestium Financial (supra) is remanded to the learned Sessions Judge treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. 4. The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge 5. Disposed of any, also stand disposed of. 22.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 2025 (O&M) the applicant would have a remedy before the Court of Sessions. n view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application to the learned Sessions Judge, Gurdaspur treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. B Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 dy before the Court of Sessions. n view of the judgment rendered by the Apex Court in present application seeking leave to appeal Gurdaspur with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Gurdaspur forthwith. . Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.24 19:06 I attest to the accuracy and integrity of this document