IN THE HIGH COURT OF PUNJAB & HARYANA 250 Sonia Kitabo CORAM : HON'BLE MR. JUSTICE Present :- Ms. Vaani Singh, VINOD S. BHARDWAJ The present application has of the Code of Criminal grant of leave to appeal learned Judicial Magistrate First Class complaint dated Negotiable Instruments Act, 1881 2. The complaint (supra) was filed on th cheque of Rs.1,50 record, the Trial C respondent of her liability as she had made a valid tender of Rs.3,50,000/ (cheque amount and however, the complainant refused to collect the same. In view of the aforesaid, it was noticed to keep the complaint pending 3. Learned counsel appearing that in view of the judgment passed by the Hon’ble Supreme Court in IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-3031 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD S. BHARDWAJ s. Vaani Singh, Advocate for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) The present application has been preferred under of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr grant of leave to appeal against the order dated Judicial Magistrate First Class, Bhiwani complaint dated 22.12.2017 filed under Section 138 Negotiable Instruments Act, 1881. The complaint (supra) was filed on th 1,50,000/-. After assessing all the material available on the rial Court vide order dated 29.10.2018 discharged the of her liability as she had made a valid tender of Rs.3,50,000/ unt and interest) and Rs.15,000/- however, the complainant refused to collect the same. In view of the aforesaid, it was noticed by the Trial Court that there existed no legal ground to keep the complaint pending, once the accused had discharged her liability Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 3031-2019 (O&M) Date of decision: 03.11.2025 ...Applicant ...Respondent VINOD S. BHARDWAJ for the applicant. been preferred under Section 378(3) Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking dated 29.10.2018 passed by the Bhiwani in a case stemming from Section 138 and 142 of the The complaint (supra) was filed on the ground of dishonour of After assessing all the material available on the vide order dated 29.10.2018 discharged the of her liability as she had made a valid tender of Rs.3,50,000/- towards litigation expenses, however, the complainant refused to collect the same. In view of the that there existed no legal ground , once the accused had discharged her liability. on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Supreme Court in M/s. SUMIT SINGH GUSAIN 2025.11.03 19:18 I attest to the accuracy and integrity of this document 250 CRM-A-3031 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 Celestium Financial (supra) is remanded to the learned Sessions Judge the same as an appeal filed under Section 372 of the Cr.P. 413 of the Bharatiya Nyaya Sanhita, 2023) appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper the record of the case to the learned Sessions Judge 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. 03.11.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 3031-2019 (O&M) Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 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, Bhiwani the same as an appeal filed under Section 372 of the Cr.P. Bharatiya Nyaya Sanhita, 2023) 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. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No -- 2- Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) the applicant would have a remedy before the Court of Sessions. the judgment rendered by the Apex Court in , the present application seeking leave to appeal Bhiwani with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section Bharatiya Nyaya Sanhita, 2023) and entrust the same to The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Bhiwani forthwith. Disposed of accordingly. Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.11.03 19:18 I attest to the accuracy and integrity of this document