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2025 DAILYLAW 146465 (PNJ)

SUKHBIR SINGH v. PARVEEN

CRM-A/1263/2018 · 2025-11-10

Vinod S Bhardwaj

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Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA 229 Sukhbir Singh Parveen CORAM : HON'BLE MR. JUSTICE Present :- Mr. Mr. Vikram Singh, Advocate, VINOD S. BHARDWAJ The of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) grant of leave to appeal passed by the learned stemming from 138/142 of the Negotiable Instruments Act, 1881 2. The complaint (supra) was filed on th cheque of Rs.15,50,000 record, the learned trial Court acquitted the respondent(s) vide judgment dated 15.03.2018 3. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Su 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 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-A-1263 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD S. BHARDWAJ . Randeep Singh, Advocate for Mr. Vikram 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.P.C.’) grant of leave to appeal against the judgment of acquittal dated e learned Judicial Magistrate First complaint dated 17.06.2015/09.11.2017 of the Negotiable Instruments Act, 1881 The complaint (supra) was filed on th 15,50,000/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment 15.03.2018. Learned counsel appearing on behalf of the applicant submits that in view of the judgment passed by the Hon’ble Su 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 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1263-MA-2018(O&M) Date of decision: 10.11.2025 ...Applicant ...Respondent VINOD S. BHARDWAJ for the applicant. been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking judgment of acquittal dated 15.03.2018 Judicial Magistrate First Class, Karnal in a case 17.06.2015/09.11.2017 filed under Section of the Negotiable Instruments Act, 1881. 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 SUMIT SINGH GUSAIN 2025.11.11 17:13 I attest to the accuracy and integrity of this document 229 CRM-A-1263 Celestium Financial (supra) is remanded to the learned Sessions Judge the same as an appeal filed under Section 372 of the Cr.P.C. 413 of the Bharatiya to 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. 10.11.2025 Sumit Gusain Whether speaking/reasoned Whether reportable 1263-MA-2018(O&M) Celestium Financial (supra), the present application to the learned Sessions Judge, Karnal the same as an appeal filed under Section 372 of the Cr.P.C. Bharatiya Nagarik Suraksha Sanhita, 2023) 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 stand disposed of. (VINOD S. BHARDWAJ) Whether speaking/reasoned : Yes/No Whether reportable : Yes/No -2- lication seeking leave to appeal Karnal with a direction to treat the same as an appeal filed under Section 372 of the Cr.P.C. (now Section Nagarik Suraksha Sanhita, 2023) and entrust the same The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Karnal forthwith. Disposed of accordingly. Pending miscellaneous applications, if (VINOD S. BHARDWAJ) JUDGE SUMIT SINGH GUSAIN 2025.11.11 17:13 I attest to the accuracy and integrity of this document