M/S SINGLTECH COMPUTERS AND ANR v. M/S SS ELECTRONICS AND ORS
CRM-A/606/2019 · 2025-07-17
Sandeep Moudgil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19686 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19686 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 255
CRM-A-606-2019 (O&M) Decided on 17.07.2025 **** M/s Singltech Computers & Anr.
... Applicant(s)
VS.
M/s SS Electronics & Ors.
... Respondent(s) ****
CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL **** Present: Mr. Harish Goyal, Advocate for the applicant(s) **** Sandeep Moudgil, J.
1. The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal the judgment of acquittal dated 01.12.2018 passed by the learned JMIC, Patiala in a case stemming from complaint dated Nil filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’).
2.
The Hon’ble Supreme Court in M/s Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions.
3.
Therefore, in view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded back to the learned Sessions Judge, Patiala with a direction to treat the same as filed under Section 372 of the Cr.P.C. and entrust it to appropriate Court for its disposal.
V VISHAL SHONKAR 2025.07.21 11:44 I attest to the accuracy and integrity of this document
255-CRM-A-606-2019
2
4.
The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Patiala forthwith.
5.
Disposed of accordingly.
6.
Pending miscellaneous applications, if any, also stand disposed of.
17.07.2025 V.Vishal (Sandeep Moudgil) Judge
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No V VISHAL SHONKAR 2025.07.21 11:44 I attest to the accuracy and integrity of this document