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2025 DAILYLAW 22700 (PNJ)

SUN INDIA PLY BOARDS v. M/S BB CHOWDHURY AND ANOTHER

CRM-A/2349/2018 · 2025-09-22

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 231 CRM-A-2349-MA-2018 (O&M) Date of decision: 22.09.2025 Sun India Ply Boards ...Applicant/Appellant(s) VERSUS M/s. B.B. Chowdhury Plywood Industries and another ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Tanveen Kaur, Advocate for the Appellant(s). Mr. Vikas Lochab, Advocate for the respondents. ***** VINOD S. BHARDWAJ, J. (Oral) The present application has been preferred seeking grant of leave to appeal against the judgment of acquittal dated 26.07.2018 passed by the learned Judicial Magistrate 1st Class, Yamuna Nagar, in a case stemming from complaint dated 31.03.2017 filed under Section 138 of Negotiable Instruments Act, 1881. 2. The complaint (supra) was filed on the ground of dishonour of cheque of Rs.9,94,591/-. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated 26.07.2018. 3. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Yamuna Nagar 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. MANGAL SINGH 2025.09.24 10:39 I am the author of this document 2 231 CRM-A-2349-MA-2018 (O&M) 4. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Yamuna Nagar forthwith. 5. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) 22.09.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.09.24 10:39 I am the author of this document