IN THE HIGH COURT OF PUNJAB & HARYANA 244 Om Parkash (since deceased) through his LR Dhani Construction Company, Proprietor Virender CORAM : HON'BLE MR. JUSTICE Present :- Mr. VINOD S. BHARDWAJ CRM-5568-2024 Prayer in the present application 22 days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 22 condoned. CRM-5569-2024 Allowed, as prayed for. Main case The present application has of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal passed by the learned Additional Chief Judicial Magistrate, stemming from and 142 of the Negotiable Instruments Act, the Indian Penal Code, 1860 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-179 Date of decision: Om Parkash (since deceased) through his LR VERSUS Dhani Construction Company, Proprietor Virender HON'BLE MR. JUSTICE VINOD S. BHARDWAJ . Jitender Nara, Advocate for the applicant. ***** VINOD S. BHARDWAJ, J. (Oral) 2024 ayer in the present application is for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same allowed and delay of 22 days in filing application 2024 Allowed, as prayed for. The present application has been preferred under of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) eave to appeal against the judgment of acquittal dated e learned Additional Chief Judicial Magistrate, complaint No.COMA/81/2017 filed under of the Negotiable Instruments Act, 1881 the Indian Penal Code, 1860. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 179-2024 (O&M) Date of decision: 23.09.2025 ...Applicant Dhani Construction Company, Proprietor Virender and another ...Respondents VINOD S. BHARDWAJ for the applicant. s for condonation of delay of days in filing the application for leave to appeal. For the reasons mentioned in the application, the same is days in filing application for leave to appeal is been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking judgment of acquittal dated 10.10.2023 e learned Additional Chief Judicial Magistrate, Jhajjar in a case filed under Sections 138, 141 1881 read with Section 420 of SUMIT SINGH GUSAIN 2025.09.25 17:06 I attest to the accuracy and integrity of this document 244 CRM-A-179 2. The complaint (supra) was filed on th cheque of Rs.10,00,000/ record, the learned trial Court acquitted the respondent(s) vide judgment dated 10.10.2023 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Sup 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) is remanded to the learned Sessions Judge 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. 5. The Registry is the record of the case to the learned Sessions Judge 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. 23.09.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 179-2024 (O&M) The complaint (supra) was filed on th 10,00,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment 10.10.2023 Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Sup 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, Jhajjar 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. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 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 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) the applicant would have a remedy before the Court of Sessions. n view of the judgment rendered by the Apex Court in ication seeking leave to appeal Jhajjar 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. directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Jhajjar forthwith. Disposed of accordingly. Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.09.25 17:06 I attest to the accuracy and integrity of this document