CRM-A-1230-MA-2017(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-1230-MA-2017(O&M) Date of decision: 28.07.2025 Sayyed Manzoor Gelani … Petitioner Versus Gurbaksh Singh … Respondent CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ankit Kaushal, Advocate, for the petitioner. Mr. Sunny K. Singla, Advocate, for the respondent. *** HARPREET SINGH BRAR, 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 18.02.2017, passed by the learned Judicial Magistrate Ist Class, Malerkotla (Sangrur), in a complaint 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) R.C.R. (Criminal) 208, after considerable deliberation and comparative analysis 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 vs. Jugal Kishor, CRM-A-2700-MA-2018, decided on 02.07.2025. Further still, applying the doctrine of prospective overruling, the Hon’ble Supreme Court in Directorate of Revenue Intelligence vs. Raj Kumar Arora, 2025 SCC OnLine SC 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, Sangrur, with a RAJAN KUMAR 2025.07.30 15:35 I am approving this document CRM-A-1230-MA-2017(O&M) 2 direction to treat the same as filed under Section 372 of the Cr.P.C. and entrust it to appropriate Court for its disposal on merits. 4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Sangrur, forthwith. 5. Disposed of accordingly. 6. Pending miscellaneous applications, if any, also stand disposed of. ( Harpreet Singh Brar ) Judge 28.07.2025 Rajan Whether speaking / reasoned: Yes/No Whether Reportable: Yes/No RAJAN KUMAR 2025.07.30 15:35 I am approving this document