IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CRM-A-123-MA-2016 Date of decision: 13.08.2025 GAGAN BALA .... APPELLANT VERSUS PARMOD CHOPRA ....RESPONDENT CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Pavan Malik, Advocate for the appellant. **** SUBHAS MEHLA , J. (Oral) 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 09.12.2015 passed by the learned Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri in a complaint case 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. Reliance in this regard can also be placed on Satish Kumar Versus Jugal Kishor in CRM-A-2700-MA-2018 decided on 02.07.2025. Further still, applying the doctrine of prospective KUSUM 2025.08.20 10:19 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-A-123-MA-2016 -2- overruling, the Hon’ble Supreme Court in Directorate of Revenue Intelligence Vs. Raj Kumar Arora in SCC Online 819 has clarified that as a rule of thumb, judgments rendered shall be applicable retrospectively. 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, Yamuna Nagar at Jagadhri 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. 4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Yamuna Nagar at Jagadhri forthwith. 5. Disposed of accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. (SUBHAS MEHLA) 13.08.2025 JUDGE Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No KUSUM 2025.08.20 10:19 I attest to the accuracy and integrity of this document PHHC Chandigarh